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HomeMy WebLinkAbout01-2829 FX JENNIFER AUNGST, Plaintiff V. KENNETH WILSON AUNOST, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 01-2829 CIVIL CHAROE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 0~ day Of~OI, this Court certifies that the attached complaints have been properly completed and verified,. and there is probable cause for the issuance of process. In consideration of the attached Commonwealth' s Petition, the defendant, KENNETH WILSON AUNGST, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the d 1"'^ day of ~wbeP- ,2001 at 3'.00 o'c1ockL.m. in Courtroom # :;L of the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, ifthe defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. Jonathan R. Birbeck, Chief Deputy District Attorney KENNETH WILSON AUNGST ~~~"'". .~ , , By the Court, f ni1JE ()DFY f:~iOM Fii:COHO I rl TestlmG'lty wt1{j,Of\f. I tliJflJ 1$!1W iJl!l'lI1Yy haillJ :nd tha ~al of said eooz Carllsto. PiA. '~l~ 7{ J~O:; 3 ~;l:;~-Lt;1 I ~onotary JENNIFER AUNGST, Plaintiff :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-2829 CIVIL TERM KENNETH WILSON AUNODST, Defendant CHAROE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: I. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. ~ 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing ofthis petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. !i 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. ~}~ Sep 05 01 O!: 58p Chief' of' Police 761-0753 F.2 COMMONWEALTH OF PENNSYLVANIA COUNT Y OF: CIlMRF.RT JlNn r~l9j5Ieri!lICiSlnct Nu:nber. 09-3-04 I DistricUUlItiei:l NaIM: HCf1. Th E: PI .amas . acey ......., 104 s. Sporting Hill Road Mechanicsburg, Pa. 17050 T.,.pho"., (717) 761-8230 .. POLICE CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLVANIA Y5. Docket No.: _-.J I DEFENDANT: I NAME aM ADDRESS ! AUNGST, Kenneth Wilson Jr. 4411 PACKARD LANE CA'lP HILL, PA. 170lJ. Date Filed: L OTN: Defendant", RaGefEthr.icilY Ce!eoda"lt'eStur; Def~t'5D.O.B. DBfalKkrt's Social SllCurity NlI'Ilber Oelenda'll'llSID{S1ate~erofIcaIionNl.dIber) I , ~ White o Black o Female 4-15-57 187-48-3661 I Asian Q ).i.eAmerican li\;M'~ i CJ Hispark 0 Unknown OefendMl'sAK.A. (also\rllOlfnasl Defendant's I/dIide lnlOm'l8liM OefendWl\'s ()~..r6l..1clmse N\r.lbA'" PlateNu'nber I Slate RegislralbnStic:&<<tMMf'r'Y} .~~ I KEN I PA 17-903-042 ComplainlilnciCleroNl.mber CompItinv'ln<;idcII. Nl.mber if ether Partocipam. UCRlNI8RSCode- I i District Attorney's Office 0 Approved 0 Disapproved because: (fhe district atlcrney may require that lh& complaint, arrest warrant affidavit, or boh be llPProve<t Dy tf1e atlofMY for the Commonwealth prior ICI filing. P,ACe.P. 107.) (Name aI Attorney 19r CllmmOl'll'l'elllf'l-.Pleah Print orType) I, Cpl. Dennis C. Lundauist {NaFM 0( AAiant-Please Prlnl Of l\'PGl of (S~NiItlnafA~ftx~eallt1) to*1 F\~<1\1P *lq-7 (0fflc.6( B&dga NlmMr1I.G.1 Hanplen 1:'WP. Pol;,..", Il<>~t (ldenlifY()eperlrnentorAgI!ll1tyR8pfesen1edend aliticaiSIJb<ftv'l$(oo) ~b.1"l?1 n<!1nn tp ice~et'f::ltlI'ORINumbetl 200J-OR-441 (OdginetingAg~ Ca.. t-kmt.er(OCAI) do hereby state: (check appropriate box) 1. &J I accuse the above named defendant 000 lives at the address set forth above o I accuse the defendant whose name is unknown to me but who is described as D I accuse. the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at ~~~t:r.tLJ ..no> CRmp Hi 1 1. p~ 1 7011 llaJmden '1'cwnship in ~JIT\hPr1Ann County on or about 4:30PM Sunday AUQUst 12, 2001 Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Kenneth Wilson A\lngst AOPC 412A- 111241199 1-2 -:"~'~<'4"'. ,'_" ~', .~ - c_ ""1.'_' , " ~'.' '".., S"p 05.01 01:S8p Chief' of' ~ali~cE! 751 - 075.3 p.3 {Continuation of No.2) ~- Defendant's Name: ^,nV' . nl../J.'fJST, Docket Number; Kenneth Wilson 1-*. .~ POLICE CRIMINAL COMPLAINT 2. The acts committed by the accused OOfe: INDIRECT CRIMINAL CONl'l'MPT . (Sel fol1h 8 summary of the facts sufficient to acMse the defendant of tne niltule of the offense dlarged. A ef.alion 10 the staRJ.e allegedly vbIated. WIthout marl:', is not $uffiaent. In a summary case, you must Cite Vie speclftcsectlon and subsectioo of the etflMe Of ordinanea alleQed!y lliolated.) The defendant violated the Protection Fran Abuse Order 01-2829 Civil 2001 issued on 23 July 2001 by the Honorable Judge Edgar B. Bayley. The defendant did threaten the victim, Jennifer S. Aungst, by lunging at her, yelling at her and pounding on the windows of her vehicle while she was inside the vehicle. The victim in fear for her safety left the area and made alternate arraignments for housing as she feared the defendant may cane to her primary residence. all of which were against the peace and dignity of the Commonwealth of Pennsylvania and cortrary to the Ad of Assembly, or in violation of 1. 6114 of the 21 Pa.C S 1 R ,-, ,-, (PA StAde) ,......, 2. ofthe IS""""'! (Stlbsectlon) (pASIftJleJ '''''''''' 3. of the (SIJdioo) -, (PAStaWIeo) (......, -. of the (s.aion) 1_' (pAStaWtl) ,......, 3. I ask that a warrant of arrest or a summons be Issued and that the <'efendant be required toanswerlhe charges I have made. (In order for a warrant of arrest to issue, 1I1e attach Nt affidavit of probable cause must be completed and swom to before the Issuing authority.) 4. I verify that the facts set forth in this complalnt are !rue and correct 10 the best of my knovdedge or information and belief. This verification is made subject to the penalties of Section '\904 of the Crimes Code (18 PAC.S.!j4904) rel~t1ng to unsworn faJSir~t1on toauthorities.01. \/J?~, (Dale) (Signa'.. or A AND NOW, on this date, , I certify that the complaint has been proper! affidavit of probable cause must be completed in order for a warrant to Issu',. (Maljtlerta, 0Is1ridj (/s$lIfI\gAutharifyJ SEAL "m'l~ ~', ~,--~--",~~, -- ,. 1-[ . . !~_" _~"Xd,~'" ~ COMMONWEAL ni OF P.ENNSYL VANIA COUNTY OF CUMBERLAND 09201 SUMMONS CRIMINAL COMPLAINT AND PROBABLE CAUSE AFFIDAVIT Mag. Disl. NCI.: Address: 1 COURTHOUSE SQ CARLISLE PA 17013 717 240 6564 DEFENDANT: COMMONWEALTH OF PENNSYLVANIA VS. OJ Name; Hon. PAULA P CORREAL Telephone: NAME and ADDRESS KENNETH WILSON AUNGST 4411 PACKERD LN CAMP HILL PA 17011 0000 00 AKA: KENNETH AUNGST Docket No.: Date Filed: OTN: . Reg[s(ratlon Number Annual Sticker Number OLN Number PA17903042 SID Number Comp Int Number Complaint Numbers If other Participants R.8.A.: ORINO.: District Attorney's Office _ Approved -Disapproved because: (The District Attomey mey require that the complain~ arrest warrant affidavit, or both be approved by the attomey lor the Commonwealth prior to filing. Pa.R.Cr.P.107.) When the affiant Is not a police officer as defined in Rule 51(C) and the offense(s) charged Include(s) a misdemeanor or lelony which does not Involve a clear and present danger to any person or the community, the complaint shail be submitted to the allomey lor the Commonwealth, who shail approve or disapprove without unreasonable delay). WM 44 D.0.8.: 04 15 I 2001~~'B18'!f~~ CAR 1957 8.8.#: 187 UCA Number 1642 48 3661 PA0210200 (Issue Date) (Signature) I (N ofA"~nl) PO DAVID H TILDEN BADGE 11 of am. CARLISLE PD residing at 53 WEST SOUTH ST CARLISLE PA 17013 do hereby state: (check appropriate area) 1. J I accuse the above named defendant. who lives at the address set forth above or, _ I accuse an individual whose name is unknown to me but who is described as - I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with vlolatina the~enallaws of the Commonwealth of Pennsylvania at: CARLISLE 561 SUMMIT DR CARLISLE (P~""Polhlcalsubdivl.~n) in (County) CUMBERLAND on or about 08 23 2001 0458 HRS Participants were: (il there were participants place their names here, repeating name 01 above defendant) 2. The acts committed by the accused were: (Set lorth a summary 01 the lacts sufficient to advise the defendant 01 the nature 01 the offense charged. Neither the evidence nor the statute allegedly violated need be cited, nor shail a citation 01 the statute ailegedly violated, by Itself, be sufficient. In a summary case, set lorth a cltallon of the specific section and sub-section of the statute or ordinance allegedly violated). ** INDIRECT CRIMINAL CONTEMPT - ADULT CTS 1 THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER NUMBER 01-2829 CIVIL ACTION-LAW THE ORDER WAS SIGNED BY THE HONORABLE JUDGE BAYLEY THE ORDER WAS DATED 7/23/2001 Copy: District Justice Defendant Return of Service Police 4197wp -"F",~ .~ " ," -"j Page 2 , *' CRIMINAL COMPLAINT AND PROBABLE CAUSE AFFIDAVIT N KENNETH WILSON AUNGST Defendant ame: Docket Number: THE ACTOR VIOLATED THE ORDER BY CALLING HIS SEPARATED WIFE WHO HAS THE PFA, JENNIFER AUNGST, ON THE PHONE WHICH WAS ANSWERED BY HER ANSWERING MACHINE AND LEFT A MESSAGE INDICATING THAT HER EMPLOYERS MIGHT LIKE TO RECIEVE LETTERS LETTING THEM KNOW SHE IS AN ADULTERESS, ETC. THIS PFA PROHIBITS PHONE CALLS TO JENNIFER. THIS ACT ALLEGEDLY OCCURED ON 8/11/01 ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY, OR IN VIOLATION OF 6114 A1 OF THE ACT OF 23 OR THE ORDINANCE OF 3. I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. I certify the complaint has been properly completed and verified, and that there is probable cause for the issuance of process. This verification is made subject to the penalti of Section 4904 of the Crimes Code (18 PA. C.S. 4904) relating to unsworn falsification Mtho" . Date: <oj;!"'!f Or v/ t ' #-1 ( Cf)J ~Ji5~' (Slgnatur. of Complainant) AND NOW, on this date, I certify the complaint has been properly completed and verified, and that there is probable cause for issuance of process. (Magisterial UlstrlCtl (ISSUIng AUlhority) (SEAL) '-WiJ.~-""f". <~ "~_. r _,,_,. V~:- TOO CARLISLE PD. . PROBABLE CAUSE AFFIDAVIT INCIDENT NUMBER: 20010800952 CAR DATE: 08/23/2001 OTN: PG 1 CHARGE (S) : 23 6114 Al INDIRECT CRIMINAL CONTEMPT - ADULT #CTS 1 COMMONWEALTH VS KENNETH WILSON AUNGST INFORMATION: JENNIFER AUNGST TESTIFIED IN A SUMMARY CASE AGAINST HER HUSBAND ON 8/9/2001 FOR. SHE HAS A PROTECTION FROM ABUSE ORDER WHICH PROHIBITS HIM FROM HAVING ANY CONTACT WITH HER ANYWHERE, EXCEPT WHEN EXCHANGING CHILDREN. (PARAGRAPH 2) PARA 3 STATES, "DEFENDANT SHALL NOT CONTACT THE PLAINTIFF, OR ANY OTHER PERSON PROTECTED UNDER THIS ORDER, BY TELEPHONE, OR BY ANY OTHER MEANS, INCLUDING THROUGH THIRD PERSONS." THIS ORDER WAS ISSUED BY THE COURT OF COMMON PLEAS IN CUMBERLAND COUNTY ON JULY 23, 2001. IT IS TILTLED CASE NO 01-2829, CIVIL ACTION-LAW PROTECTION FROM ABUSE. . IT SHALL EXPIRE DECEMBER 5,2002. IT WAS SIGNED BY JUDGE BAYLEY. JENNIFER STATES THAT ON AUGUST 11, 2001, SHE RECEIVED A TELE- PHONE CALL FROM HER HUSBAND ON HER RECORDER AND HE STATED THE FOLLOWING: " HELLO? CAN YOU PICK UP THE PHONE? I KNOW YOU'RE THERE BECAUSE IT'S BEEN BUSY FOR THE LAST 5 OR 10 MINUTES. HELLO? ALL RIGHT. WELL, IF THAT'S THE WAY YOU WANT TO DO IT, THAT I S FINE. I HOPE YOU AND DAVE HAD A GOOD TIME LAST NIGHT. IT PROBABLY WAS A GOOD MOVIE YOU WATCHED. I THINK THAT AFTER HAVING YOU TESTIFY AGAINST ME, YOU AND YOUR BOYFRIEND ON WEDNESDAY, I THINK MRS. MCCULLOUGH (VICTIMS PRESCHOOL SUPERVISOR), THE PASTOR, AND THE PRINCIPAL AT MOORELAND WOULD PROBABLY APPRECIATE. A LETTER KNOW- ING ABOUT WHAT I S GOING ON. THEY PROBABLY WOULD APPRECIATE HAVING AN ADULTERESS WORKING FOR THEM. ALL RIGHT-SEE YOU LATER" THIS STATEMENT AND A COPY OF THE PFA WERE FORWARDED TO DISTRICT ATTOURNEY SIBERT WHO ADVISED TO FILE AN INDIRECT CRIMINAL CON- TEMPT. ',',] " "-"""~~ "~.. " I .~. . . Jennifer Aungst : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. . : No. 01-2829 Kenneth Wilson Aungst Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Kenneth Wilson Aungst Defendant's Date of Birth is: April 15, 1957 Defendant's Social Security Number is: 187-48-3661 Name(s) of All protected persons, including Plaintiff and minor children: 1. Jennifer Aungst AND NOW, this dJ,o d. . the parties and the subject- DECREED as follows: ';>001 the c6urt having jurisdiction over er, it is ORDERED, ADJUDOED and Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. '._ _,...::.. ~:_.:c-...:;_ __'-'_;. :- i I, ~ _ . :: ~_i !E-i:-ri . . -. ...., -.. 0_. ". _ _" _ _. _..._ <" ,. ,. .' ., - - <-....... -. - --------- ". '. . . . ... J, ~ ~ ~~f. ~iti ,"~-,~-,-,-,~..... ";' ,~"""r' . '. ......_~ I," I'. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration ofthis order. Plaintiffs residence at 561 Summit Drive, Carlisle, Pennsylvania. Plaintiffs employment located at Grace United Methodist Church, 41 South West Street, Carlisle. Pennsylvania. Any non-harassing contact by Defendant with Plaintiff which may occur during custody exchange ofthe minor children infront of the residence located at 561 Summit Drive, Carlisle, Peimsylvania, or during functions at the minor children's school, shall not be deemed a violation of this Order. Defendant shall remain in the vehicle during custody exchanges for the duration of this Order. 3. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted as authorized by ~6l 08 ofthe Act: -This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court fmds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. - Defendant shall not damage or destroy any property owned jointly by the parties or solely by Plaintiff. - Defendant shall refrain from harassing Plaintiffs relatives. - Any non-threatening, non-harassing phone calls to Plaintiff in regards to the parties' children shall not be deemed a violation of this Order. - The court costs and fees are waived. .. .'" . . :, i if.ltl~1 If i iLL ~ t t ~ iil r.f t i_~~~~.~~ ~. . . .. .. . , r. ~. ;" 1 H ~ t- E'kitAl:LtEI..iiIt i~~ t~::.~l ~Lt;.i~~ ~: h_ ~ ~~ ~, ~ l: ,:'~ I. i.~. ,~~i'lttJ ,~"'" ,- ."' I~. , . - _. 5. A certified copy of this Order shall be provided to the police department where PlaintitTresides and any other agency specified hereafter: Carlisle Police Department 6. THIS ORDER SUPERSEDES: I. ANY PRIOR PF A ORDER 7. All provisions of this order shall expire on: December 5, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHAROE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6Il4. VIOLATION MAy ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL VANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AOAINST WOMEN ACT, 18 U.S.C. ~226S. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~226l-2262. IF THE BRADY INDICATOR P ARAORAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ~922(0), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS ,jJttM~ i tfl;HHtwilHallhiUlilHh#ig~; .HMif.d~tlHhLIuH~;cLuL ,"""""",.. ~. '. .. ."' The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 3 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 96113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriff shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for .violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given noti e of the date of the hearing. BYTHECU : ~ -~ B B,y1'i~__ . ..~~'..l)ate ' oan Carey Attornl-lY for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 Edward eintra Attorney for Defendant Law Office of Edward Weintraub and Associates 2650 North Third Street Harrisburg, P A 17110 Distribution to: -Legal Services ~~. 7. J-4. 61 -Faxed and Mailed to PSP 1.J.Lj. () I ~ I(J. 4\ -Edward Weintraub, Attorney.. . R\><cct. .-l-:t1 C.'P.;"tfftRh~.~@Jblt.t\ . ~', ~ tt,J- i ~ ;: ;-_l f, S ~' il t 1: f fl-oi_, :. :f ~ ~ 1-';,"~ ~~ ,~' .~ ~. f ,~ :;: f,: ,~: t ~, i"t f... (_ ; ;-' i_ "; 1.; ; ",ll" thHH [h ~ f. Ji ulf . .... :~= li1lltf;Ji litUilt.,,~. i FL . ~--~ _ '-,' . "':-""-.'O;_ij. ,~!lUte.-;.~.', .. .. :,,' ~~~,.~-~_....: ",' :'a:~;]'.[;;t~,~.! . ; i !l" i: ~; .1. :-:: ; j" .- ~ " ;i:' ,~- _ . . . iJ1~H" \n,;t~H HHui:, i~, .i:. J,. J;::l~ . ~ ~ '. ", . ~ili ;. '~;! -r.llll.; .. . . - . ,- --'.' , "-','. - '. - -.. - ~ '- . .=,,~~- 1"" < T ""~ . CERl'IFICATIOO OF PFA CCNI'fMPT CASE rDIBER 0/- ;zr~q NAME K C/flJll.!..fCt. IAlit"'i>dYL .Al.L~5f iff II P ~Cl\~V7J LiL/A.2 C-.~ [l PA /10/ J BALANCE DUE: $ II f.r, ~ () VICTIM'S NAME: J~ tLVt~-k( ;k05 f 170 171 260 207 204 502 STATE SURCHARGE STATE FINE SHERIFF COST <$1.50 + ADDTL) DISTRICT ATTORNEY COURT COSTS (CLERK OF COURTS) RESTITU1fON NAME-.J rothonot-a.-ry ADD DELETE $ $ $ 3 <6, 3' J- $ $ $ $ 15.00 $ $ 15.00 $ $ 45'.00 $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP , J~ PROTHONOTARY OFFICE d 7. PERSON CERTIFYING INFORMATION {~. ~ l~ ~ DAT IO~(-()(~-V U '''."'-'''''''':- , -., ., ~, - 1 I I \. 1-' ~~ JENNIFER AUNGST, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2001- (J/ -.2S'29cIVIL TERM KENNETH AUNGST, DEFENDANT : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. .c;r\l~ A HEARING ON THIS MATTER IS SCHEDULED ON ~ l g ,DlI,AT ~ "l.::>' ,:L. .M., IN COURTROOM NO.:f\ OF THE . MBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYL VANIA. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contelIlpt which is punishable by a fme of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. g6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. g2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings tmder the Violence Against Women Act, 18 U.S.C. 9 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. 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. If you cannot fmd a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information 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. You must attend the scheduled conference or hearing. 0W~" ~.~,o- ~,~ ',' ,~_. I~, ~. , 'f _" ~.~ ~ ~,~~_c,~~ '~~ ~ f"-l U\ 'b ~ .,.. ~t ~..(J f.Il . :t> ."-\ ~ >-- .~ V) ? ~ )-.. L., ;;-~ -- .' ,~" .!:DI1lII'Il!l'ill! '" ..,. ... .c. '';;','.'' -, . --;,-: -"t' ii'ij( "~''-'''''''')Y~:'8:'l':tif1b ',c"-,~,,,"_.;.:-,<.'t'_~tiY~"Y -.: '~'"-I''''lrrrr''~-rr'rT'~"'-"lf'1''f 1"'\,. liN' .i/v\7l\7;." "lL non rr\~:~~~~gd - 'Ll_;,00/'")r">, , ~! /,.} 2S'/ " .. r~Jd A' n~I" .OI_Y:\\!!,~. 0' !.,. ,I "P'/ "',1;1 (] ~ ,~,__~, __~ W-~~~':<le_,~:il!';0(')""'-"'~~"\1;gi''f:._t~-C-_'';,",,"1'''''~'j,~"!l'~,""'jj~"'f~';';;",'"",r,,,,,,.,;~1"~~'\:'-',;~lW~~l~~~~ Jennifer Aungst Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. : No. Of. ;;.?;;U; &;r<J T..u--- Kenneth Wilson Aungst Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Kenneth Wilson Aungst Defendant's Date of Birth is: April 15, 1957 Defendant's Social Security Number is: 187-48-3661 Name(s) of All protected persons, including Plaintiff and minor children: 1. Jennifer Aungst AND NOW, on"~ 10 cloolupon consideration of the attached Petition for Protection from Abus ,the bourt hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs residence at 561 Summit Drive, Carlisle, Pennsylvania. Plaintiff's employment located at Grace United Methodist Church, 41 South West Street, Carlisle, Pennsylvania. -"'~ ---"- --,,-,,""',," ~. .. ,- , "" -, . '+"1""' l' "'. oj. ~-,~ - -~, '"""!~ - ,_ ~~ ~ ~c _ ."",.,m, 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted: - This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court fmds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. - Defendant shall not damage or destroy any property oWllled jointly by the parties or solely by Plaintiff. - Defendant shall refrain from harassing Plaintiff's relatives. - Any non-threatening, non-harassing phone calls to Plaintiff in regards to the parties children shall not be deemed a violation of this Order. - Defendant shall remain in his vehicle during periods of custody exchange. 5. A certified copy ofthis Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Police Department 6. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL NOVEMBER 4, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARINO. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six rnonths in jail. 23 Pa.C.S. ~6Il4. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. S~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS i;,"{. --"",",'. '-"1'--['--- . . 'I ~~ This Order shan be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 3 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crirne, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BYT Ju ge _1....10' __~_~c___~~_ Date Distribution to: Legal Services Faxed & Mailed to PSP Cumberland County Sheriff -""""""""~ PFAD Number: XNl243l46E Jennifer Aungst Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. :No.&I- ~'Y.29 CWJ -r~ Kenneth Wilson Aungst Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE I. Plaintiff's name is: Jennifer Aungst 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Jennifer Aungst 4. Plaintiff's Address is : 561 Summit Drive, Carlisle, P A 17013 5. Defendant's Name is: Kenneth Wilson Aungst 6. Defendant is believed to live at the following address: 4411 Packard Lane, Camp Hill, P A 17011 7. Defendant's Social Security Number is: 187-48-3661 '':;:;$~'lf>'"'~'''''"''' '--":'f!. " ~ '-'-1--1_' "" -," "'I .'^ 8. Defendant's Date of Birth is: April 15, 1957 9. Defendant's Place of employment is: Comcast, 1500 Market Street, Harrisburg, Pennsylvania 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse 12. The defendant has been involved in a criminal court action. 13. The facts of the most recent incident of abuse are as follows: On or about April 23, 2001, Defendant stood outside Plaintiffs window and watched Plaintiff who was inside the house. Defendant entered the residence, pointed at Plaintiff and a male friend, and threatened, "Y our're dead!" Defendant ran toward Plaintiff and her male friend and threatened, "I'm going to f***** kill you!" Plaintiff ran to the kitchen and grabbed the phone to call the police. When Plaintiff returned to the living room, Defendant again went after Plaintiff causing her to fear for her safety. Defendant Oed the residence. The police cited Defendant for harassment. 14. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or about mid-January 2001, Defendant called Plaintiff who reiterated that she did not want him to call her anymore, and she hung up the phone. Later, Defendant came to the residence, rang the doorbell, and walked around the outside of the house banging on the doors and windows. Fearing for her safety, Plaintiff threatened to call the police and Defendant left. During a separate incident in January 2001, Defendant called Plaintiff and threatened that if he ever saw her with another man, that he would kill them both. From in or about the month of October 2000 until January 2001, despite Plaintiff's frequent requests that Defendant stop calling her, Defendant called Plaintiff on the phone several times a week harassing her. When Plaintiff hung up the phone, Defendant called her back and let it ring until she answered. 15. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Carlisle Police Department ~_..-;,.,,~__~"lJll,~ I I~ ." ~~ "' 16. There is an immediate and present danger of further abuse from the Detendant. 17. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TltMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor childlren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may fmd necessary with respect to partial custody and/or visitation with the minor child/ren. c. Order Defendant to pay the costs of this action, including filing and service fees. d. Order the following additional relief, not listed above: Defendant shall not damage or destroy any property owned jointly by the parties or solely by Plaintiff. Defendant shall refrain from harassing Plaintiffs relatives. Defendant sb,all pay $250.00 to one MidPenn's funding sources as reimbursement for litigation in this case. Any non-threatening, non-harassing phone calls to Plaintiff in regards to the parties childreu shall not be deemed a violation of this Order. Defendant shall remain in his vehicle during periods of custody exchange. e. Orant such other relief as the court deems appropriate. f. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully Subrnitted by: I oan arey, Attorney Agency: MidPenn Legal Service 8 Irvine Row Carlisle, PA 17013 :".~ 'f"', '.!,,' ,'"" "".,~ ,--"',- ~I-- v e, 0__ ,H' /: VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: tn11 ;IDOl ~pq;r: . ';,,,,,,,~.,,."'1 ""_ ,~"._"""_ _ _, , "..--1'-1' ' C--'-_, _,._, _.,__ , I h s;::~ ~ fl.-.f ',- C'~ .~~", '.v~.= ,~_,_~_.,_ .,," e' _ -;.,," , .~,' ~.. ''"'_0 o'-~ - ~-,- '"'.__ ,_,.''''' -..~j.>i",->,,~.,o.",->~ ~o ,_~_,". z'__~',_' ~_=, 11111 _1 ~__ ~1I!l'1I__1!l'~l\lJi_ i _~ j,,~"~_ __,_l~fiI~~1",,*,~2l~'E-4j''',,"i''''1~4''c~'i~'~''i<<';';'''0Wtil<..p~~:>il:'ffi'Ji~T\!I!'l"E~~f"'-i;'Nr~l\'!!!'IO:1F~f}~~~ " - '~-.~',.~" 05/10/01 THU 13:45 FAX 717 240 6573 . , CUMB CO PROTHONOTARY 14J001 j I :1 .. *************************** *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2606 [ 01l9p2405331 [ 03]9p2438026 [ 04192490779 CENTRAL PROCESS LEGAL SERVI CES PSP ERROR . , OFFICE Of '!lIE PROl'HCN::rl'AAY a.JMBERLAND CXXJNIY COURniOOSE ONE COORTHaJSE 9:)UARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R TO: PA STATE POLICE - Ce.,l. I'IlDc,e$t:.. M. (J. J..S. FAX ": 717-249-0779 FRQ.l : CURTIS R. LONG RE: PFA ORDERS MESSAGE : ~ N::l. OF PAGES (INCLUDING COVER SHEET) This - ,,' is il,teubJ cnly fur tiE lBe d'. the irdiv:id.eJ. IX" EIlt:i.W In Wlich is is nI1. i, <I'd IIH'f o::ntain infi::lm'at:ia1 l:tHt is p::iv:i.leg:d, o::nfidential a"d ~ 6:un o;r1rnure rn:Er- 'WI ;'"'If\l,,)&r, rf tI-.;: a:e'ler; d'. ttrls II "':.? is rot tiE intBLIa:1 m::ipimt. ~ are ~ lDtiIie.1 ttat iI'!f d.issEmiratkn. c;l.i.stril:xJt IX" a;p,(lng a: this CDTII1.Il.icatim is sb.ict1.y J,'Xthibi.te:1. rf}OJ h3I.e I.'!miwj lJu$ a:nm.nic.~tim in emr. p1.a:5e rotify u:; inrra:l.iat:ely ty ~re a"d mI:1Jm tie cr.igin;IllI -:ry' to l.6 at '''~~~~~ l"~'1 -I ~~ '1 " - ,- ~ . . - .~'"- ^"~"', "'" ~--" ----, 1 SHERIFF'S RETURN - REGULAR , CASE NO: 2001-02829 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AUNGST JENNIFER VS AUNGST KENNETH JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon AUNGST KENNETH the DEFENDANT , at 0019:55 HOURS, on the lOth day of May , 2001 at 4411 PACKWARD LANE CAMP HILL, PA 17011 by handing to KENNETH AUNGST a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER, TEMP PFA PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 So Answers: .... ~ ~~~. R. Thomas Kline 05/11/2001 ~ J..-trol A.D. Ck Q.1rt</~,. , ~ thonotary I Sworn and Subscribed to before me this .:13,ul.- day of ~'","''''r,~'SM'''''''' """"'''_",_",~.,=_ - r IT ~c'"" _,~~ ~=~-,"" JENNIFER AUNOST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA 01-2829 CIVIL V. KENNETH WILSON AUNGST, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT AND NOW, this \0 day of attached complaints have been properly completed and verified, and there is probable cause for the issuance of process. In consideration ofthe attached Commonwealth's Petition, the defendant, KENNETH WILSON AUNGST, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the d. ~ day of Ser\-eAMkiC- ,2001 at3: CO o'clock~.m. in Courtroom # .a:: of the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. e' /,/~' B~~ Court . J. Jonathan R. Birbeck, Chief Deputy District Attorney ~ ~ i 1J.v". /..21}. \ KENNETH WILSON AUNGST ~~ / ,!~ ~,~'" ',~"" , ,'.- ': 11' ,~ . . , ''''1 ". ~~.1 lilt, ~,"~=~~ ~ , ".. '4"'"""'-"''''''M' VlMI/ClASNN3d AlNnOJ GN\f7W:!8/lIJnO 2f: :6 j,J~ L - d3S 10 A~\1'''c'n' '"" 'I' ',",c", ""'" __\/1 '(vi '.~ "'L. ~ ." 30!:!::lC-CJ~)-!i:f j, dO ~,*'"p.!';'""~"I.;~:."~~T<~ ',FP I' ~~~""""''''1''''''_.u._. """""""'~~,~. l.TI~!"",~c_>-"___ "~II ~.. ," "ilIi1ifl'11l1TiIIl' '-~-'-' ~"", II~ ~ II!_ I1Ulf' ';''''''?d"""..Ift,'~r~;>'tf~:,""Wt''~'f1,~I'~~''; ;.',"""""K'1J'''>'.''''>:'!oCrJ;ll>''' ,= r~,"!!'l~ ~,'~~". . JENNIFER AUNGST, Plaintiff :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-2829 CNIL TERM KENNETH WILSON AUNOUST, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges ofIndirect Criminal Contempt: I. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation ofthis Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing ofthis criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 9 6113. 6. The plaintiff and/or the defendant may seek modification ofthe Order based on the filing ofthis petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. 96113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. I'~"h 1 . . ,~ "~ ~~" ,on'" Sep:> 05 01 01:58p:> Chief' of' Police 761-0753. ".2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: C1JMRr:RUNf1 1~lJ9isteri!:tlOislnctN>mber. 09-3-04 I DilOhietJuet.eet-laroe:Ho:w1. Thomas E. Placey ................. . . . . . POLlCE CRIMINAL COMPLAINT A~~, 104 S. Sporting Hill Road Mechanicsburg, Fa. 17050 T"'P",n'" (717) 761-8230 DEFENDANT: COMMONWEALTH OF PENNSY\.VAN1A VS. Date Filed: ~ I r NAME an<! ADDRESS AUNGST, Kenneth Wilson J" 4411 PACKARD LANE CAMP. HILL, FA. 17011 ! Docket No.: L OTN: Defenl'l.Ylf) RllceJElhniclly Derendll'lf& Se~ DefriMt's O,Q.B. Oilfendr.fs Social Security Nlftlber DefendwJt'lI SID {$tate ldMliflcation Nl.JT1ber} I ~VVhite C1BIal;k [J Fern. 4-15-57 187-48-3661 I Asilli o NativeAmeric;an t;tMale , o HiSf)ilnicD lJnknown _--1 Oefendlllll1l'sAK.A. (eltGk.nIMn a$l o,fendal1r:o'lehic!<:l1n(orm8tM DefendanhDrivet'sL:censeNlIl'ID<< I PlateNU'nber I Sl<t, Registlatian Stidl.oM tMMIYY) Slate I !<EN I PA 17-903-042 i Complainlllncldent Nunoer l;ompl&lnttlrK>idvnl Nunber if other Pa.;tei~ UCRINIBRS~ 1 i , I District Attorney's OffIce 0 Approved 0 Disapproved because: (The dlSVict attorney may r.equife Ihallhe complaint, arrest warrant affidaw, or both ~ appn;lVe(l by lf1e atton:\eY for the Commonwealth prior to filing. Pa.FtCr.P_ 107.) (Namer/. Attomi!Y for Commoi'lHi!llllt\.Please Pm\ (J( Type) (0.) (Sig~ure aI Attorney for Canrnonweallh) I, CO!. Dennis C. Lundauist (Named Affiant.Pleae Pool Of Type) ~i1\1" ilg-? IOffi=ersv,dgeN"","rll.O.) of Hampien '!:WI;>. Pol; C'.P D"'~ (kI6n1ifY Oapertmentar Agancy RIlpf4,enled and oliUes! SubdMStotI) pn.n?l n.d.nn {police A.Q<<'tri or OR] NUMbw) 2001-0R-443 (Originaiing~ Case Nt.mI:el'(OCA)) do hereby state: (check appropriate box) 1. I<J I accuse the above named defendant who lives at the address set forth above o I accuse the defendant whose name is unknown to me but who is described as o I acc"se the defendant Whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating !he penal laws of the Commonwealth of Pennsylvania at 44!1, PA"k,",'" T,,,,.. r,,1l1p 'f; 11 p" 17nll {PI olltic:.llSubdi'li3ion} . F.amuden l'CMnship in Cllmh..rl;mn County on oraboul 4:30PM Sunday AUClUSt 12, 2001 Perticipants were: (If there were participants, place their names here, repeating the name of the ebove defendant) Kenneth Wilson Aungst AOPC 412A.111241tEl 1-' Sep OS 01 01:581" Chief of Po'! ice' 761-0753, 1".3 \Continuallon rJ No.2) ~' Defendant's Name: AUNG . ST. Docket Number: Kenneth Wilson 1*,.-. . ", ,~ ';, -,' ~ . POLICE CRIMINAL COMPLAINT 2. The acts committed by the accused were: OOIREGr CRIMINAL CONTEMl'T .' (Set forth a summaryQfthe facta suffICIent 10 ad'oisethe defendant Of the nature ot tne offen8e cl1arged. A Ci'.alion to the statute allegedlv VIOlated. Wlthout mons, is not sufficient. In '8 summary case, you must cite ltIe specIfic section and subsection of the statute or ordinac'lee allegedly ..rotated.) 'ltJe defendant violated the Protection From Abuse Order 01-2829 Civil 2001 issued on 23 July 2001 by the Honorable Judge Edgar B. Bayley. 'ltJe defendant did threaten the victim. Jennifer S. Aungst, by lunging at her, yelling at her and pounding on the windows of her vehicle while she was inside the vehicle. 'ltJe victim in fear for her safety left the area and made alte:rnate arraignments for housing as she feared the defendant may come to her primary residence. all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of 6]]4 " ofthe 23 Pa.C: S 1 (t;eclion) {SubaeotionJ (PASIatJl8) (<om) 2. of the (S~lon) (SUbs&diQn) (PA$IBOAe) (<oml 3 of the (58Ctioo) (SlJllGlIdion~ (PAStatutel ('-"I ,. of the {Section) (Subaec:ljgn) tPAStatute) '''''''''' 3. I ask that a warrant of arrest or a summons be Issued and that the defendant be required to answer the charges I have made. (In oilier for a warrant of arrest to issue. Ihe attac/1ed affidavit of probable cause must be completed and swom to before the issuing authority.) 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes COde (16 PA.C.S.~904) relating to unsworn falsification to authorities. \ . 10ate) AND NOW, on this date, , I certify that the complaint has been proper! ompleted and verified. An affidavit of probable cause muSt be completed in order for a warrant to issue. (Magisterial DIstrict;! (lssuinp Authority) SEAL -'~"'''f", . . _,_'."1 ! ~- fe. _, COMMONWEAL""H OF PENNSYLVANIA COUNTY OF CUMBERLAND 09201 SUMMONS CRIMINAL COMPLAINT AND PROBABLE CAUSE AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA VS. Mag. Disl. No.: OJ Name: Hon. PAULA P CORREAL Address: 1 COURTHOUSE SQ CARLISLE PA 17013 717 240 6564 DEFENDANT: Telephone: NAME and ADDRESS KENNETH WILSON AUNGST 4411 PACKERD LN CAMP HILL PA 17011 0000 00 AKA: KENNETH AUNGST Docket No.: Date Filed: OTN: ~- ~ Registra1ion Number Annual Sticker Number R.8.A.: WM 44 D.0.6.: 04 15 OLN Number IPA17903042 I 20015~~~~~~ CAR 1957 8.8.#: 187 SID Number Complainl Number Complaint Numbers if other Participants I 1642 UCR N,mbe' 48 3661 ORINO.: PA0210200 District Attorney's Office _ Approved -Disapproved because: (The District Attorney may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filing. Pa.R.Cr.P. 107.) When the affiant is not a police officer as defined in Rule 51(C) and the offense(s) charged include(s) a misdemeanor or felony which does not involve a clear and present danger to any person or the community, the complaint shall be submitted to the attorney for the Commonwealth, who shall approve or disapprove without unreasonable delay). (Issue Date) (Signature) I, (NameolAtflant) PO DAVID H TILDEN BADGE 11 m CARLISLE PD residing at 53 WEST SOUTH ST CARLISLE PA 17013 do hereby state: (check appropriate area) 1. -K. I accuse the above named defendant, who lives at the address set forth above or, _ I accuse an individual whose name is unknown to me but who is described as _ I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violatingJhe penal laws of the Commonwealth of Pennsylvania at: CARLISLE 561 SUMMIT DR CARLISLE (Place-PollllcaISubdivision) in (County) CUMBERLAND on or about 08 23 2001 0458 HRS participants were: (if there were participants place their names here, repeating name of above defendant) 2. The acts committed by the accused were: (Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. Neither the evidence nor the statute allegedly violated need be cited, nor shall a citation of the statute allegediy violated, by itself, be sufficient. In a summary case, set forth a citation of the specific section and sub-section of the statute or ordinance allegedly violated). ** INDIRECT CRIMINAL CONTEMPT - ADULT CTS 1 THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER NUMBER 01-2829 CIVIL ACTION-LAW THE ORDER WAS SIGNED BY THE HONORABLE JUDGE BAYLEY THE ORDER WAS DATED 7/23/2001 Copy: District Justice Defendant Return of Service Police 4197wp ''''''(~. P''''I~-ll"' - ~ ~, Page 2 -~- ~ CRIMINAL COMPLAINT AND PROBABLE CAUSE AFFIDAVIT KENNETH WILSON AUNGST Defendant Name: Docket Number: THE ACTOR VIOLATED THE ORDER BY CALLING HIS SEPARATED WIFE WHO HAS THE PFA, JENNIFER AUNGST, ON THE PHONE WHICH WAS ANSWERED BY HER ANSWERING MACHINE AND LEFT A MESSAGE INDICATING THAT HER EMPLOYERS MIGHT LIKE TO RECIEVE LETTERS LETTING THEM KNOW SHE IS AN ADULTERESS, ETC. THIS PFA PROHIBITS PHONE CALLS TO JENNIFER. THIS ACT ALLEGEDLY OCCURED ON 8/11/01 ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY, OR IN VIOLATION OF 6114 A1 OF THE ACT OF 23 OR THE ORDINANCE OF 3. I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. I certify the complaint has been properly completed and verified, and that there is probable cause for the issuance of process. This verification is made subject to the penaltie of Section 4904 of the Crimes Code (18 PA. C.S. 4904) relating to unsworn falsification t)'tho .. '_ Date: <g/;t...'ff Or ,1 (Signature of Complainant) #--1 ( CP]) CBrJ;56. AND NOW, on this date, I certify the complaint has been properly completed and verified, and that there is probable cause for issuance of process. (MaglslenaILJlstnct) (Issuing Autnority) (SEAL) I C'~~__N~ _ . ,-, , y~-,-.....,-,- -~, ,'.' - - CARLISLE PD PROBABLE CAUSE AFFIDAVIT INCIDENT NUMBER: 20010800952 CAR DATE: 08/23/2001 OTN: PG 1 CHAAGE (S) : 23 6114 Al INDIRECT CRIMINAL CONTEMPT - ADULT #CTS 1 COMMONWEALTH VS KENNETH WILSON AUNGST INFORMATION: JENNIFER AUNGST TESTIFIED IN A SUMMARY CASE AGAINST HER HUSBAND ON 8/9/2001 FOR. SHE HAS A PROTECTION FROM ABUSE ORDER WHICH PROHIBITS HIM FROM HAVING ANY CONTACT WITH HER ANYWHERE, EXCEPT WHEN EXCHANGING CHILDREN. (PARAGRAPH 2) PARA 3 STATES, "DEFENDANT SHALL NOT CONTACT THE PLAINTIFF, OR ANY OTHER PERSON PROTECTED UNDER THIS ORDER, BY TELEPHONE, OR BY ANY OTHER MEANS, INCLUDING THROUGH THIRD PERSONS." THIS ORDER WAS ISSUED BY THE COURT OF COMMON PLEAS IN CUMBERLAND COUNTY ON JULY 23, 2001. IT IS TILTLED CASE NO 01-2829, CIVIL ACTION-LAW PROTECTION FROM ABUSE. . IT SHALL EXPIRE DECEMBER 5,2002. IT WAS SIGNED BY JUDGE BAYLEY. JENNIFER STATES THAT ON AUGUST 11, 2001, SHE RECEIVED A TELE- PHONE CALL FROM HER HUSBAND ON HER RECORDER AND HE STATED THE FOLLOWING: " HELLO? CAN YOU PICK UP THE PHONE? I KNOW YOU'RE THERE BECAUSE IT'S BEEN BUSY FOR THE LAST 5 OR 10 MINUTES. HELLO? ALL RIGHT. WELL, IF THAT'S THE WAY YOU WANT TO DO IT, THAT'S FINE. I HOPE YOU AND DAVE HAD A GOOD TIME LAST NIGHT. IT PROBABLY WAS A GOOD MOVIE YOU WATCHED. I THINK THAT AFTER HAVING YOU TESTIFY AGAINST ME, YOU AND YOUR BOYFRIEND ON WEDNESDAY, I THINK MRS. MCCULLOUGH (VICTIMS PRESCHOOL SUPERVISOR), THE PASTOR, AND THE PRINCIPAL AT MOORELAND WOULD PROBABLY APPRECIATE A LETTER KNOW- ING ABOUT WHAT'S GOING ON. THEY PROBABLY WOULD APPRECIATE HAVING AN ADULTERESS WORKING FOR THEM. ALL RIGHT-SEE YOU LATER" THIS STATEMENT AND A COPY OF THE PFA WERE FORWARDED TO DISTRICT ATTOURNEY SIBERT WHO ADVISED TO FILE AN INDIRECT CRIMINAL CON- TEMPT. ~ ~,"""__~_?,j' ~,"r__'~ ,", 1'1" ~ 1""~ ~ ~ - :[1"" .,. Jennifer Aungst : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, . : PENNSYLVANIA Plaintiff v. : No. 01-2829 Kenneth Wilson Aungst Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Kenneth Wilson Aungst Defendant's Date of Birth is: April 15, 1957 Defendant's Social Security Number is: 187-48-3661 Name(s) of All protected persons, including Plaintiff and minor children: 1. Jennifer Aungst AND NOW, this J3rd d. the parties and the subject- DECREED as follows: ';>001 o the c6urt having jurisdiction over er, it is ORDERED, ADJUDOED and Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliability by the defendant and without a finding of abuse by this court: Plaintiffs request for a fInal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. <~ ,;;: '-'<J-~'~. ,~ I'"'. r " ." ~ . ,~ .". ----~-", 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs residence at 561 Summit Drive, Carlisle, Pennsylvania. Plaintiffs. employment located at Grace United Methodist Church, 41 South West Street, Carlisle, Pennsylvania. Any non-harassing contact by Defendant with Plaintiff which may occur during custody exchange of the minor children infront of the residence located at 561 Summit Drive, Carlisle, Pennsylvania, or during functions at the minor children's school, shall not be deemed a violation ofthis Order. Defendant shall remain in the vehicle during custody exchanges for the duration of this Order. 3. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted as authorized by ~6l 08 of the Act: - This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court fmds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. - Defendant shall not damage or destroy any property owned jointly by the parties or solely by Plaintiff. - Defendant shall refrain from harassing Plaintiffs relatives. - Any non-threatening, non-harassing phone calls to Plaintiff in regards to the parties' children shall not be deemed a violation ofthis Order. - The court costs and fees are waived. :>V"'''''','i!'';'1Wi/$"..,..= ~'^ __, 1'"1'-. ~ " , ,.)"" v." ~;~" f-.4.; ~ ~ . ~ , ,~"""~-"'" ~"-'."->. ..,"-~ ..~- - '. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Police Department 6. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 7. All provisions of this order shall expire on: December 5, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHAROE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 P A.C.S. ~6Il4. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL VANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALL Y VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S:C ~~2261-2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE OUN CONTROL ACT, 18 U.S.c. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS n:;;CC t!~liUth*J_II,tlii~ji~~~;~;j~~~,!Ut!jUi(' '" .. . I'~.'''''''''''q''' " <"" ~.~"".. ~ _~~~, '1""1 ~-- 1 ~ :~;~,:~~!!!~~tt-~-t__:~. J,,*:f-tl . - ,~" The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 3 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 96113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriff shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for .violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given no . e of the date of the hearing. oan Carey Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Edward eintra Attorney for Defendant Law Office of Edward Weintraub and Associates 2650 North Third Street Harrisburg, P A 17110 Distribution to: -Legal Services ~~ 7.,;),.4.61 -Faxed and ~ailed to PSP ~-J.Lj. 0 i ~ lOt 41 -Edward Wellltraub, Attomey. .. ~~~c.;t': j- · ~,,~,~; u n)ll-j-\ :~~!f~!i:ji~iillUUf; ., . ... . ~,",,",,' ~ '" ~""''''='''''~'''l'Om~~~=l''''-_ I ~--I,-"" 1~""t'"1 ES K,o <9'~ "''''''!l',~'"' _, ~~_l"" ,'c ,"" ~ 'b'"', - "' - .., ~, -"',,,';;e,- ", ". ~~ "--,.~,' -,-~--~,' ,---~"l>"'-F ,"" ",,';""", '~''''''t'''''JijCo'''''''''r''''~I;''--.JIL ~ ii :__~~- C' ~ l"r, rl\ ~- .t" ',I ~<l Cl ??; <.,:J ".'") -1 ) c' :"') ~ ' J f,':; --<,. .r"",'fl'..I'i!II~<W""'_~~-"'~&"m_"l~'!if!l"~lIl~~~'f_f'fWf"I~_~-~TT':-"-lf"-' ,.,r.", "';\'._-"~'" ',< W'5. -',','F"f""!'[!;"_, "'l';"';"~.""'-":1-Wil~LIUllWl ._ -'.j.}' L' .. Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Jennifer Aungst v. . . : No. 01-2829 Kenneth Wilson Aungst Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Kenneth Wilson Aungst Defendant's Date of Birth is: April 15, 1957 Defendant's Social Security Number is: 187-48-3661 Name(s) of All protected persons, including Plaintiff and rninor children: I. Jennifer Aungst AND NOW, this dJrd cI- the parties and the subject- DECREED as follows: -'001 the c6urt having jurisdiction over er, it is ORDERED, ADJUDOED and Upon agreement of the parties for the entry ofa consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: Plaintiffs request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. /I""v. . ,'''Z"~ ",,_ -,."'" -~'- . "_,L] . .~ r- -'__HJ>" - . 'f ,"- ~ . . ','~""'" . " . ',. >~ ; . 2. Defendant is prohibited frorn having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of ernployernent. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs residence at 561 Summit Drive, Carlisle, Pennsylvania. Plaintiffs e~ployment located at Grace United Methodist Church, 41 South West Street, Carlisle, Pennsylvania. Any non-harassing contact by Defendant with Plaintiff which may occur during custody exchange of the minor children infrontof the residence located at 561 Summit Drive, Carlisle, Pennsylvania, or during functions at the minor children's schooL, shall not be deemed a violation of this Order. Defendant shall remain in the vehicle during custody exchanges for the duration of this Order. 3. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted as authorized by ~6J08 of the Act: - This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court fmds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. - Defendant shall not damage or destroy any property owned jointly by the parties or solely by Plaintiff. - Defendant shall refrain from harassing Plaintiffs relatives. - Any non-threatening, non-harassing phone calls to Plaintiff in regards to the parties' children shall not be deemed a violation ofthis Order. - The court costs and fees are waived. :' -'_"~c'r!I,,"1 ",,,,- .-1 ~ ? . . , 1 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Police Department 6. THIS ORDER SUPERSEDES: 1. ANYPRIORPFAORDER 7. All provisions of this order shall expire on: December 5, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHAROE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 P A.C.S. 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AOAINST WOMEN ACT, 18 U.S.C. 92265. IF YOU IRA VEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINOS UNDER THAT ACT. 18 U.S.C 992261-2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE OUN CONTROL ACT, 18 U.S.C. 9922(0), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS '~f~~l'l1 ~, F,^ ~""_~",_.-?.."II' ','_'~' ,.,,^,,~_,,~..~,__ - . . . . . The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 3 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6l13. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriff shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for .violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given n of the date of the hearing. oan Carey Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Edward eintra Attorney for Defendant Law Office of Edward Weintraub and Associates 2650 North Third Street Harrisburg, P A 17110 Distribution to: --, -Legal Services --~. 7.J-4.6f -Faxed and MaiYed to PSP l-.~Lj. () 1 ~ IfJ 41 -Edward Weintraub, Attorney FAxed -l-6 C.t? if M5RLS.@ Ib\4 \ \:-';","'l1"l"~"','!IU""U Il>" ~ -,,, ,'---1<-1 - -'-- ,-, "- ~ ~ -- ~- " . ~~ . '. _.mp-~ilI1'f rv- ~<_ -, ",-...- 'offi.~.~ -__~ ~-o _b,' ,~ , ~- ,:- \"" :(, .- '~'< "'.. .-~-," " ~._, - '-'.~-I---"'" ,ill < - \ ,.-.,-- ,'-c.;:;ilt,,"~"--~';-- . "'~".""""-'~-'''''"'',"' '," ""'~lITI """IDIII 0111 .. < ~._,!~ .-4:#~~~1 ~!;!JIlj"::ii~~;I~~~~~"I~J$;0-~'t~II':aUf!~t'J"'~p'-,"_,;,e"q,,,,,~_C---""~':f'r:""'(1"i'"'-"'-- "'''r,'i)~_'ii;'':f.?_''T'"-''''1'''~';'~;W1M!t''';o/H','lff<:W,,"1~~'li"F;_Ml~~~ 'I. , .' " :1,- j!~) " " ',; 07/24/01 TUE 10:41 FAX 717 240 6573 ~ CUMB_CO PROTHONOTARY @J001 *************************** '$$ MULTI TN REPORT ... *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2724 [ 01]9p2490779 [ 03]9p2405331 [ 04]92438026 PSP CP LS ERROR . ., " , OfflCE Of mB PROI'HCNJrAR'! CUMBERLAND o:xJNrY COUR1liClJSe: C>>lE COORTIlOOSE SQUARE CARLiSLE. PA. l7013-3367 (717) 240-6195 fAX (717) 240-6573 V I ATE LEe 0 PIE R TO: PA STATE POLICE ~ CellI. p"'CC$r... /11. Po J..S. FAX #: 717-249-0779 , FRQ-1: CURTIS R. LONG RE: PFA ORDERS MESSAGE : .-L 00. OF PAGES (INCLUDING COVER SHEET) TIns - JJ' is intadrl ally fir tte U'le of Ire irdivid.el cr fIlC.l;y to Wd1 is is ,.11. ~, om ItI;I'f o::otain inlixnatiat.lmt is p:iv.i.le};d, anf:id31tial art EICEIIpl: fmn <llirl~ U'd.!!r- ,<<,H"""" It.w. If tte ~ rJ'. ltrls ~ is rot liB inta"lkl m:ipient. }UI ate ~ rotifiB:! lh:1t art dis3anireticn. dist:dI:IJt::im or cq;yirs (f this ~Jm iI< strictly~. If 10J teIie re:Bi..a:l lfus o::mn.r1ir.!tirn in emr. plIiBse rctify lS .imte'J.iately ty ~:re art return tie o:ig:irel " "T to lS et r...J.....o, ......-. _ ~ ...:_ .......... II ~ ..................1 ................::_ '"--1M ___ """""",,,,,,,,~""",,",,,,,,,,"~ <~ .' ""~ r, ("",TO" , .- .~~- ,-~ "~" , ~ ~" JENNIFER AUNOST, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF VS. : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2001- ..l J.21 CIVIL TERM KENNETH AUNGST, DEFENDANT : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this/!l!!ctay of May 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing, May 18,2001, by this Court's Order of May 10,200 I, is hereby rescheduled for hearing on ~Ju" \U~'4. 28t ~m. in courtroomNo.b.[lt1.. ~~ ().<<)~ e~ ~ \AtJfJP-~,u;. ~ ~., ~ <9v'do- ~\liut,Ul,,\ ~ ~I">_- Edward Weintraub Attorney for Defendant ~ ~ (' Joan Carey Attorney for Plaintiff ,,,,~~,~. ,~_ 0 "^~~-'-"'i_ _ ~ " "', F-~ ; -, "+01 0___ " ~ ,. ;;:j "''''.h ~..-.' - --, ,', ,~ .' "-';1,10' " -"-.~I -',.!., \!(!!,!",.'.I\~i'~~~1~giNn8 1 \N'\~' 1.1' ."... '." i\JJ" )--" ~- ""~ --~,,,,,-,," '''~~ "~,.~- ..',"~' ""';'I-='~-'~~' -. - .~=- lIil ..., (~ .r'~ !)'W G0 .U, .",~ Xc'ILC~:::.~:' . ,-1\ I, n I \ j\ 1:: ,",j~ :. ~" '- \ Jll- I "~".~. ~_ ~ ~~!! "",' _.~,~~ ! T-tli ~1IM!WIl#l!!ili~~~ffll\l"~>'l'II'If?_~I'lll!'l_'1lR!_!,"'!ill'I"A!i$".~;C'~~'i;fc"!'~"@~Ir<^;;;:w,j"""';""""'r"1.jf\';~~i,;nh';'4<!"I-M'lW!!ll!~lrl'1'i>"!;;l!'-~r~i'iffii~IW'~I"~~ JENNIFER AUNOST, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 2001- .:182.q CIVILTERM KENNETH AUNOST, DEFENDANT : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Jennifer AunlJ"t, by and through her attorney, Joan Carey of Mid Penn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: ,,1 1. A Temporary Protection From Abuse Order was issued by this Court on May 10, 2001, scheduling a hearing for May 18,2001, at 8:45 a.m. 2. The Cumberland County Sheriff's Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence located at4411 Packard Lane, Camp Hill, Pennsylvania, on, May 10,2001, at 7:55 p.m. 3. Defendant has retained Edward Weintraub, Esquire, to represent him in the above- captioned matter, and Attorney Weintraub has requested a Continuance. 4. The parties agree, by and through their counsel, that the hearing be rescheduled and that the Temporary Protection From Abuse Order remain in effect until further Order of Court. 5. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months frorn the date it was entered or until further Order of Court, whichever comes first. -'''''''''~~"~". C., 1'1 -"~ " .# , WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. c"q~",__" .""_"":',~"," '.,' ,_I" ,.- .- u r', ~s ~ ~III - - -. '1l_~~~ " "_",..",_" L,' ,,"",,'d ,~ +< .,;..c """""~.';--~- ~~,~ . .. Ci "-or.. -< ...-;-, ~, o c: <'0' ul'~c~ 92S': zr ~~,~ ~c :z;:=~-, >~;: ~ :s:.: \--- <,)1 \0 'W, ll~, f~, ._^ "~~\~i;ell\lffil~fWIi!l'~w,<,.~~F!'_'--tWi!lF<W:'>F".,~,I'[''I'T'";ry,'_<c,,'!'\'\~~m))\IWJ!'I;T!~t'''''%:M'''''>"'i!'\:;~~'-0_'N>:'~ll#'~;!l!'J!W':&Iif!l~~!\\l JENNIFER AUNGST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KENNETH WILSON AUNGST, Defendant. NO. 01-2829 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of September, 2001, I adjudicate defendant in contempt of the terms and conditions of the PFA order. Sentence is that you pay the costs of prosecution and undergo a period of probation for a period of six months conditioned upon your compliance with all terms and conditions of the PFA order of July 23, 2001. By the Court, Jonathan R. Birbeck, Esquire Chief Deputy District Attorney J. probation t~OI William G. Braught, Esquire Assistant Public Defender Sheriff prs I'p,,}! ,""',._ ,_._, _ _",1.'_"__,, ,~ _", " , d -f_ _ .~ -~ ~ ^~ ~ ~- ES ~p -,- .. . , _,,,,,:-:,~~ __,,~_, - ",,' 0", _ '''" ,- VINV/(!I\Si'JN:1d 'J I.,r;r c, (" ,'" ,.'n""~" /\,~ '~f i~_.\,'; ,_ 'i'-:'" ',-';~>::'.I:'--~l :'...i 2'U -111.:1" ..,1 . .'-, ~ ---'7 ;jr. In -,)' , ",_ ~... 'd ~_ v..... 'J I '-' ",':r,: 1 ~ 3 ..-,.-" -.", "-"",,,-, """'^' ."-~ C""--T~"----~~''''~I~'~~ U UlLlliIiIIlil'l !I'l!_~~~~~~W!ilI'!l!I~~~"Ml""w,'Ma,,,,,,,,"~-,,~~'i!;!~':\"""-:;:"";l~~'llf!!'!lWJ~~,~1il'Ml'ffl1'>..rli!!!\ilIlI!m'\fW.lIltllt'l~~~.