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COMMONWEALTH PENNSYLVANIA v. JAMES E. ZERPHY (09/07/84)

September 7, 1984

COMMONWEALTH OF PENNSYLVANIA
v.
JAMES E. ZERPHY, SR., APPELLANT



NO. 335 HARRISBURG 1983, Appeal from the Order of the Court of Common Pleas of Lebanon County, at Criminal Action No. 137 of 1983.

COUNSEL

J. Richard Gray, Lancaster, for appellant.

John E. Feather, Jr., Assistant District Attorney, Lebanon, for Commonwealth, appellee.

Del Sole, Popovich and Roberts, JJ.

Author: Del Sole

[ 332 Pa. Super. Page 389]

This is an appeal from an Order denying Appellant's Motion to Quash the Information against him based on

[ 332 Pa. Super. Page 390]

§ 110 of the Crimes Code and the Double Jeopardy Clause of the Fifth Amendment, which applies to the states through the Fourteenth Amendment.

On August 11, 1982, an Order was entered under the Protection from Abuse Act, 35 Pa.C.S.A. § 10181 et seq., evicting Appellant from the home of Carol Dove and ordering him ". . . not to harass, abuse, strike, telephone or in any way have further contact with Carol N. Dove . . ." The Order was effective for one year, commencing August 6, 1982.

On January 30, 1983, while Ms. Dove and Appellant were both in the Jonestown Perserverance Fire Club, Appellant allegedly struck Ms. Dove twice in the face with his fists. When Ms. Dove and her daughter returned to her home, they discovered Appellant waiting there with a rifle. Ms. Dove and her daughter then went to the Pennsylvania State Police and requested assistance. Two marked police cars, carrying Sergeant Sincavage and Troopers Pfautz, Sarley, Krankowski and Mitchel drove to the Dove residence, with Ms. Dove following. The officers stopped their cars about 100 yards from the house. Appellant fired a shot at the police vehicles, hitting the front grill of the patrol car occupied by Sergeant Sincavage and Trooper Mitchel. Appellant began to run as the officers got out of their vehicles. Upon being ordered to stop and drop the rifle, Appellant stopped, pointed the rifle at the officers, then layed the rifle on the ground and was placed under arrest.

On January 31, Ms. Dove filed a Petition to hold Appellant in Contempt for violating the Protection Order. The Contempt Petition recited the events beginning with the assault at the Fire Club and ending with the shooting incident involving the State Police.

That same day, criminal charges of attempted homicide, recklessly endangering another person, aggravated assault, disorderly conduct and criminal mischief were filed against Appellant for his conduct towards the ...


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