HomeMy WebLinkAbout95-06162
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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"
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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
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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~~
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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:
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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.
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