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HomeMy WebLinkAbout95-06162 fi".%., "_,,, _ :-.-,~ i, i~ ~i ' nc r ... , ... v. fit) , ft,/fr, ;) CWJ~,.,. COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA I No. 4561 S 1995 CIVIL ACTION - LAW PHO'l'EC'l'ION FROM ABUSE AMY ASCIIER/ Petitioner KEN TIIOMPBON, Respondent PINAL PHOTECTION ORIJEH AND NOW, this 20th day of October, 1995, upon agreement of the parties without admitting nor denying the allegations and without finding by the Court, the Respondent agrees to the entering of the following Orderl 1. 'l'he Respondent, Ken Thompson, shall refrain from abusing, harassing, and/or threatening the Petitioner, Amy Ascher, and/or placing her in fear from abuse any place she may be found. 2. The Respondent is enjoined and prohibited from, living at, entering or attempting to enter, or visiting atl 2435 canby Street, Harrisburg, PA 17103, or at any subsequent address which Petitioner resides during the pendency of this Order and the Petitioner is granted exclusive possession and control of the premises. 3. The Hespondent is prohibited from having any contact with the petitioner, including, but not limited to, sntering or attempting to enter the place of employment, business, or school of the petitioner, and/or harassing the petitioner~ relatives. 4. The Respondent shall pay temporary support in the amount of $ N/A . The Petitioner must file a Complaint for Support in the Domestic Relations Office of this county within two weeks of the date of this Order. Failure to do so will terminate this temporary grant for support. In the event the Petitioner files a timely Complaint of Support, Respondent~ obligation to pay this temporary support shall continue until further Order of this Court. 5. 'l'he Hespondent is dirscted to relinquish immediately 1_ / as well as any other weapons the Respondent may have. The Respondent is hereby prohibited from acquiring any weapons during the pendency of this Order. Said weapon (s) shall be returned to the respondent or third party, upon proof of ownership on Any weapon( s) not claimed within 400 days of the entry of this Order shall bs escheat to Dauphin County. I 7. 'l'h ~for the Pe , ( or sheri fs 8. The Respondent shall enter a Batterer Intervention Program within _10_, days of this hearing. Moreover, the Respondent shall provide the Court with written proof of satisfactory completion of the program within _90_ days of this Order. i 9. The Hespondent is directed to attend an alcohol and/or ! drug treatment program and shall ~ovide proof of same to this n I court.~c.~\~".....~ ~ ~~\t...~ Atx-v- ~ '~~I ~ 10. The Parties are furil{er Ordered to : ".;..,. ~ &h_ .Jk 1\& c..~_ Ii" ~ -~l d,"-:l:;~~-f~-L~.-:...~ ~L ~~_..1jl~ ~I 11. The Respondent is hereby notified that if h/she resume : residence in the PetitionerS domicile contrary to this Order, , h/she may be found to be in Indirect Criminal contempt which is punishable by a fine not to exceed $1,000.00, and/or a sentence of up to six (6) months in jail. Consent of Petitioner to , Respondents return to the residence shall not invalidate this Order. The Respondent shall seek modification of this Order before resuming residence in the PetitionerS home, wherever it may be. 12. The Court shall serve a copy of this Order on the Ilarrisburg police Department and the Pennsylvania State police. A copy of this Order shall be placed forthwith in the county registry of the Dauphin County prothonotarys Office. 13. The Sheriff shall serve a copy of this Order upon the Respondent. Failure to make such service shall not stay the effsct of this Order. SheriffS costs shall be paid by the Respondent. 14. This law enforcement officers, the staff of the county office maintaining the registry of the protection Orders, and the Court Personnel shall not disclose to Respondent, Respondents counselor any third party, the CONFIDENTIAl. address of any domestic violence program involved in this case or any CONFIDENTIAL address of Petitioner, AMY ASCHER, I IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. I : 95-6162 CIVIL TERM : KEN THOMPSON, I Defendent . CHARGE I INDIRECT CRIMINAL CONTEMPT ORDER OF COURT this ~ey of Nov~blL Petition, the defendent, KEN THOMPSON, is directed to eppeer for trial on the charge of Indirect Criminal contempt before the Court on the/.1*' day Ofj)"bvtJ,b(. , 1995 et ~ o'clock ~ .m. in Courtroom *~ of the Cumberland County Courthouse, Carlisle, Pennsylvenia. The defendant has a right to be repressnted by an ettorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendent wishes assignment of counsel, contact ahould be me de prior to tria] with the Cumberland County public Defender's Office at 717-240-6285. Further, if the defendant fails to eppeer, an arrest warrant will be issued. The Sheriff of Cumberland county is directed to serve this Order end Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, JlcL11 )f J. Thomas A. Placey, Esquire Senior Assistant District Attorney KEN 'I'HOMPSON ~~"'..... I.H\.t\....L.-l "/2'1/VS' , ..Af AMY ASCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 95-6162 CIVIL TERM KEN THOMPSON, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this day of , 1995, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, KEN THOMPSON. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Furthermore, after appearing before the District Justice the defendant is advised to appear before the Court Administrator at the open of the next business day. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, J. Thomas A. Placey Senior Assistant District Attorney KEN THOMPSON ~y ASCHER, IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 95-6162 CIVIL TERM KEN THOMPSON, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Thomas A. placey, Senior Assistant District Attorney of cumberland County, Pennsylvania brings the following Petition for a hearing on charges of Indirect criminal Contempt: 1. A protection from Abuse Order was issued by the Dauphin County 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 requssts the filing of an Indirect criminal contempt charge upon information received. 4. The District Attorney's Office approves the filing of this private criminal complaint. 5. The Commonwealth is requesting a trial on the charges of Indirect criminal contempt pursuant to 23 Pa.C.S.A. 56113. 6. The plaintiff and the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. 56117. WHEREFORE, the commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect criminal contempt. Respect itted, /' ~Tho seni District Attorney o v. ()rj. &,/ft,:;2 M~JVl COUnT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA I No. 4561 S 1995 AMY ASCIIBn, Psti Honer KBN TIlOHPSON, nespondent CIVIL ACTION - LAW PROTECTION FROM ABUSE FINAL PROTBCTION ORDBR AND NOH, this 20th day of October, 1995, upon agreement of the parties without admitting nor denying the allegations and without finding by the Court, the Respondent agrees to the entering of the following Order: 1. The Respondent, Ken Thompson, shall refrain from abusing, harassing, and/or threatening the Petitioner, Amy Aschp.r, and/or placing her in fear from abuse any place she may be found. 2. The Respondent is enjoined and prohibited from, living at, entering or attempting to enter, or visiting atl 2435 Canby Street, Harrisburg, PA 17103, or at any subsequent address which Petitioner resides during the psndency of this Order and the Petitioner is granted exclusive possession and control of the premises. 3. The Respondent is prohibited from having any contact with the Petitioner, including, but not limited to, entering or attempting to enter the place of employment, business, or school of the Petitionsr, and/or harassing the Petitioner& relatives. 4. The Rsspondent shall pay temporary support in the amount of $ N/A . The Petitioner must file a Complaint for Support in the Domestic nelations Office of this county within two weeks of the date of this Order. Failure to do so will terminate this temporary grant for support. In the event the Petitioner files a timely Complaint of Support, Respondent& obligation to pay this temporary support shall continue until further Order of this Court. 5. The Respondent is dirscted to relinquish immediately:___ , as well as any other weapons the Respondent may have. The Respondent is hereby prohibited from acquiring any weapons during the pendency of this Order. Said weapon(s) shall be returned to the respondent or third party, upon proof of ownership on . Any weapon(s) not claimed within 400 days of the entry of this Order shall be escheat to Dauphin County. I 7. 'rh sponden' Ord rl3d\0 pay, th~ amount oU for the Pe tio ere ttor.e' fee~d the ~unt of $ J~r sheri fa se v e fees, on or by , 19 ~, 8. The Respondent shall enter a Batterer Intervention Program within _10_, days of this hearing. Moreover, the Respondent shall provide the Court with written proof of satisfactory completion of the program within _90_ days of this Order. ( 9. The Respondent is directed to attend an alcohol and/or drug treatment program and shall ~ovide proof of same to this f\ Court. \1VC.~l~"... ~ _~ ~ kv...t...t. ~ ~ I~~ ~___ 10. The Parties are fur~er Ordered to I ....... c4v &~(_ .JJ.... (\& c..~- '/ =h;~~~~~~.:~ \Th:JL ~~-'-'j1^ ~~ 11. The Respondent is hereby notified that if h/shs resume residence in the Petitioners domicile contrary to this Order, h/she may be found to be in Indirect Criminal Contempt which is punishable by a fine not to exceed $1,000.00, and/or a sentence of up to six (6) months in jail. Consent of Petitioner to Respondents return to the residence shall not invalidate this Order. The Respondent shall seek modification of this Order before resuming residence in the Petitioners home, wherever it may be. 12. The Court shall serve a copy of this Order on the Harrisburg Police Department and the Pennsylvania State Police. A copy of this Order shall be placed forthwith in the county registry of the Dauphin County Prothonotarys Office. 13. The Sheriff shall serve a copy of this Order upon the Respondent. Failure to make such service shall not stay the effect of this Order. Sheriffs costs shall be paid by the Respondent. 14. This law enforcement officers, the staff of the county office maintaining the registry of the protection Orders, an~ the Court Personnel shall /lot disclose to Respondent, Respondents counselor any third party, the CONFIDENTIAL address of any domestic violence program involved in this case or any CONFIDENTIAL address of Petitioner. CRIMINAL COMPLAINT (POLICE I ROBERT V. MANLOasTRICT JUSTICE MAGISTERIAL DISTRICT NO, 09-1-02 1901 STATE ST. CAMP HILL, PA. 17011 A 95132 4082-95 2600 I. PTLM. TODD M. BASHORE BADGEU615 is'lm''1I1~1Iim'') COMMONWEALTH OF PENNSYLVANIA DEFENDANT VS, NAME r Km TfDIPSOO AND ADlJIlESS 2142 BERRYHILL ST. HARRISBURG, PA. orFABr PENNSBORO TOONSHIP POLICE DEPT. (IJ""tih 1/1'1'U"'''I'IIt''fl(l{t'I/t'\' n'(ln'II'l/tl'.1 IIIld Jlf11iIi.'II/llj/ltlili\i,m J II S A AKA do hereby stule: (1)6 1 ueeuse Ihe uhol'e numed derendanl. who liles allhe uddre" sel lilnh ahme nr, o lueeuse un indlviduul whose name is unknown 10 me hut who is descrihed us ,g ~ l ~ ... Ii e ~ o his nicknume or popular designalion is unknolln 10 me and, Iherelilre, 1 IWl'e designaled him herein us John Doc, wilh vlolallng Ihe penul lall, or Ihe Commonwealth or l'enns)'lnllliu at PA BLUE SHIELD CAMP HILL, PA. EAST PENNSBORO T<MNSHIP rl'ltlll,.I\J/ilil'IIISlIhdiri,liflll) in CUMBERLAND ('oul1ly on or uboul lo-16-9~ B:3UA.M. Participunts were (II ,hl'lt' )n'n' f'lmifll"mll, /''''11' "Il'If ""11I1'\ "('(\" n'/It'Ilt/11~ ,ht' ""lI/e'lIl "he'I'I' dt'fl'"d.1II1 J (2) The acts eommllled hy the aeeu,ed were: 0 KEN THOOPSOO THE DEFENDANT VIOLATED THE PROTECTION FROM ABUSE ORDER, ISSUED BY A DAUPHIN COUNTY JUDGE, TO ~IIT: THE DEFENDANT WAS ORDERED TO REFRAIN FRa-! HARASSING THE VICTIM, AM'i ASCHER. THE DEFENDANT DID CALL THE VICTIM ON 10-16-95 AT IIER PLACE OF El>lPLOYMENT, PA. BLUE SHIELD, AND LEFT A MESSAGE ON THE VICTIMS VOICE MAIL. THE MESSAGE liAS CONCERNING GATHERING THE BELONGINGS OF THE DEFENDANT FROM THE VICTIMS RESIDENCE. INDIRECT CRIMINAL CONTEMPT ~~II~r v~;~~:~:~r~gulnstlli8uee undu~~nity or Ihe ('omm"'II,7-~';:~\~:' I~illl~~~~ e2.~y .to Ihe Act orAss~~~lr~~ (S"fli,Jf/) ( Sf/h. .h~ II.." J or the 1,:"/ "'. h' , ' Ordillllllee nr (3) I usk Ihlll II WllrTll1I1 01' urrcst nr II SllllllllllllS he isslled ulld Ihlll Ihe IIccll,ed he re41lired In IIl1'wer the char@cs I have IIIl1dc, (llJItIi'H/S/lh.i/1I11l0IlJ (4) I veril'y Ihut Ihe I'ucls sel rorlh ill Ihi, cnlllplailll arc Irlle IIlld correl'l 10 thc hesl nr III) kllnwledge nr illrnrlllutlulI and belief. This l'erinClllinll is Illude suhjecl 10 Ihe I'ellllllies nr Seclioll 4lJIl4 or the Crillles ('nde (I H I'll. C. S, D 4904) relutlllg 10 llll'wurn lill,inClllinll In IIl1lhorilies, l q Dc, ,llJgS __,_JitlJm1l {Y\ ~!J..'\ko (SIIl'III11m'Il/C"IlIllP,lIIlIlIItJ AND NOW, olllhls dllle , I") _' I cellir)' Ihe cnllll'llIilll hilS hcell I'wl'erl) clllllpleted ulld verified, IIl1d Ihul Ihere i. pwhuhlc clluse ror isslllllll'e or I'rIlcess --('''/;~;I'';'~lIl /);''';1.' J ,711/1111/.: ill1l,flIIIII (SEAL} AOI'C 4".80 OIlHiltMI 'III III VI 11',1 'dlllll.HI\'/fdVII(MJII!IHIIU(lll'. ...~~ =-~~::: ~~~::~:,~~; ., . h --- ^j;j,1';;jMu;it;-_____.._I1~a 10.ilS. ",._-,....." thrrd.1"rr.rt'I'\"'I'> 'f",","rl]"R ('11\11 1111I111 . ,. l.,l j.. 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(J_~ OllchuL- ,...-..,- aD _Ill W.l:t.L..ShBrlft-I?AIU_ LN, d ,... --,-' . ,- , bd,jlp ,19lWriioTECTION OnOEnAPpnOVED1lY111ECounr. ""'1Im1rrnmluncllOnWllh lhu'rrotecllnn Ofll~r I~'"fld herein thla,dall,-" , __ullll."IIJ./"rlhlr~lllmd I~ IJav 1I1~j;o~li jll JII15 fl(.!lIDh Includl~g ,'I~e -1Um 01 t c1l1,O(J III Sherilrn It!'l! 0'1,':\ ~~,.~, III l'INhnnohlV cosh, ~ u",,;;ijl:Wl~II~II~ .. _ 1I'f1lInr:7~' ill, iivyAI\', 10 be -1rtld11tl'9nn GredlH,ort10laliuIlrAll tUCh6UIII~ urulululllJlld.w1U111I QIl.4t.!,' ol\hedalehereol. ,--,----,...... ~.1ll7ltliiiik.-::-JiIaiID5!ftDnO[Q, '~I~d, C.op~!,D1sl:-~,.I\./O ..g~ 'V3; , ~~u6kAA=~\L.-~kl.!ffM-t. ~ Q~,iIPt 1m. _~__.o~._ _____._______ AlIllIlllll I'Il1nll'.. Ally. ^rltCUllll1l'C Shelllr. eu\I' Ulq'IIllIIIlUlUl\.ot Rule HI ftt'!"ltllfC ,...,..,_..1 ..\11I1111111 , 1~1 ~ 11'\&" 95 IlAJ'HIH cn.tm' 9tOR IFf' . 717 255 0!Sll9 -~"1 110 ...u.t I: M - . ~ '''''at:...... .1 1'0 __ or DAv.-. ...M, VI. I T~ 6Pu Pral...aier:t... FfI'fIWB ......... ~ IISIaIlIIft' IS mctm PIOtI 24-" CInby It.. lIw. .. ~A. &_- j.J. htl. Jo/JJ./9r:. ~ ~:: ~I 10/20/9' at BI~ A.H. S-l .. ~t 2-coplu ,.. qa ~ Iichard ,....... ~ll1dl. ,\ 611 ...... . , , i r " ._-~ ....... '-' .. ..... , ......... To ~"" PL~c.e. y '" .. . . . SHERIFF'S RETURN - OUT OF COUNTY CASE NOI 1995-06162 P COnnONWEALTH OF PENNSYLVANIA: COUNTY OF CUnBERLAND ASCHER AI'lY VS. THonpSON KEN R. Thom.. Kline . Sheriff. who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: THOnpSON KEN but wa. unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN to .erve the within PROTECTION FRon ABUSE County, Pennsylvania. On December 11th. 1995 the attached return from , this office was in receipt of DAUPHIN County, Pennsylvania. Sheriff's CoStSI Docketing Out of County Surcharge So anSwerElI 18.00 9.00 .00 . /.~ .,' 1.. ' R. I homas Kline, l:;her111 627.00 00/00/0000 Swcrn and subscribed to before me this /.fib' day of jJ..,.....t-- 19 q< A.D. ~I Q. )~VO''i ~G:" Prot lono a'ry orr: 1/ RG~ ,:-\ t \ ,,',:\ 'J ,,1.1, ,\ ,j ii, v. 1 IN THE COURT OF COMMON PLEAS OF I eUMBERLAND COUNTY, PENNSYLVANIA 1 1 1 1 I NO. 95-6162 CIVIL TERM AMY AseHER, Plaintiff KEN THOMPSON, Defendant IN REI INDIRECT eRIMINAL eONTEMPT ORDER OF eOURT AND NOW, this 19th day of December, 1995, the eourt held a hearing today on the alleged violation of a protection from abuse order issued by Dauphin county. The final protection order was issued on October 20th, 1995. Me. Ascher indicated at the hearing today that she and tha D.fendant resided together for about seven months in Harriaburg. They separated, and on October 16th Mr. Thompson contacted her at her place of business, Blue Cross/Blue Shield, in cumberland eounty. He made two calls on that date, BI05 a.m. when she apoke to him directly and SI34 that morning when she was not available to speak on the phone and it came through on a phone .ervice. There was a temporary order issued on October 11th, and that was the order that was served on the Defendant after he made the first phone call to Ms. Ascher on october 16th and before he made the second phone call which came through on a phone service, there being no direct contact on that call between he and Ms. Ascher. lie said he did not read this . particular temporary order that was served on him shortly before the 8134 a.m. phone call. In looking at the temporary order that was furnished to .. today, the order prohibits Respondent from approaching, abu.ing, harassing, or threatening Petitioner at any residence wh.r. .h. may choose to reside as well as when she is out in public. In addition, Respondent is similarly prohibited from approaching, abusing or threatening Petitioner's relatives. The ord.r .ay. that he is immediately evicted from the residence at 2435 canby street and shall remove himself immediately from said pr..i.... The order in question in no way prohibits the Defendant from making phone calls, and, therefore, since the all.gad acts in this case were phone calls and the temporary order did not prohibit this, I therefore dismiss the petition in this case. I might add that the testimony would show that Mr. Thompson and a constable on October 16th did remove his things from the residence of Ms. Ascher, that he has not bothered her .inc. that time, and I would not think that there would be any reason in the future for further alleged violations of this order. ~ en .... .' .::r 1-.: t-~ ::'.~ tUr,-! t') ~:(; Qi-! :r. >_..1';' \.... U- ,- -', ~ -j :'4". ~;.., . ~.. [" ..:''.1 -Ld - , . !.i" .- . "',;1 " 1..' . li;U... f-: .. , p.. ,,0 ::j l..) (1\ U