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HomeMy WebLinkAbout99-06198.0. t I VA J V MARSHA RENEA THOMPSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff for herself and on behalf of her minor children, : CUMBERLAND COUNTY, PENNSYLVANIA DAKARRA MAE THOMPSON, and J.T. ALLEN THOMPSON. VS. ALLEN TROY PECK, Defendant : NO. 99-6198 CIVIL TERM : PROTECTION FROM ABUSE Defendant's Name: ALLEN TROY PECK Defendant's Date of Birth: 03/27/68 Defendant's Social Security Number: 175-644075 Names of Protected Persons: MARSHA RENEA THOMPSON, Plaintiff and her minor children, DAKARRA MAE THOMPSON J.T. ALLEN TH N AND NOW, this d y of October, 1999, the court having jurisdiction over the parties and the subject-matter, it is ADJUDGED, and DECREED as follows: ORDERED, Plaintiff, Marsha Renea Thompson, is represented by Joan Carey of Legal Services. Inc.; Defendant, Alien Troy Peck, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff's request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. 11 Plaintiffs request for a Final Protection Order is denied. © 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. La/ 2. Defendant is completely evicted and excluded from the residence at Countryside Mobile Home Park, 9 Robin Drive, Shippensburg, Cumberland County, Pennsylvania, or any other residence Plaintiff may, in the future, establish for herself. Exclusive possession of the residence is granted to Plaintiff, who owns the property with her father. Defendant shall have no right or privilege to enter or be present on the premises. 11 On- at -.m., Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff and/or her minor children at any location, including, but not limited to, any contact at Plaintiffs current residence, and any other residence she may, in the future, establish for herself, and/or at her place of employment, the children's schools, or the day care facility of the minor children, except for the limited purpose of transferring custody of the parties' minor child, Sheldon Kane Peck. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs residence: Countryside Mobile Home Park, 9 Robin Drive, Shippensburg, Cumberland County, Pennsylvania Plaintiffs place of employment: Raskas, 208 East Dykeman Street, Shippensburg, Cumberland County, Pennsylvania. Day care facility of the minor children: the residence of Anna Allen, 29 Newvilie Road, Shippensburg, Cumberland County, Pennsylvania. Defendant is permitted to go to this location for the limited purpose of transferring custody of the parties' minor child, Sheldon Kane Peck. School of Plaintiffs minor children: James Burd Elementary School, 600 Brad Street, Shippensburg, Cumberland County, Pennsylvania. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. 5. Custody of the parties' minor child, Sheldon Kane Peck, shall be as follows: Plaintiff shall have primary physical custody of the minor child. Defendant shall have partial custody of the child. (See attached Custody Order) Defendant may contact Plaintiff for the limited purpose of communicating information in the event of an emergency concerning their minor child. All other communication regarding custody arrangements for the child shall be conveyed through the child's current day care provider, Anna Allen, or other third party designated by Plaintiff. The local law enforcement agency in the jurisdiction where the minor child is located shall ensure that the child is placed in the care and control of Plaintiff in accordance with the terms of this Order. ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following firearms and/or specific weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children: ? 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms and/or specific weapons for the duration of this Order. Any firearms and/or weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. 8. The following additional relief is granted as authorized by §6108 of this 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 finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or her minor children. Defendant Is enjoined from damaging or destroying any property owned by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives or her minor children. 9. Defendant is directed to pay temporary support for the parties' minor child, Sheldon Kane Peck, as follows pending further Order of Court: Defendant shall make payments of 550.00 per week, in the form of a money order made payable to Plaintiff, mailed to her mailing address. Payments shall commence on Monday, October 25,1999, and each Monday thereafter until the time of a scheduled support conference. This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. 11. Defendant shall pay $87.60 to Plaintiff as compensation for Plaintiff's out-of- pocket losses, which are as follows: lost wages as a result of the incident which occured on or about October 2, 1999. Defendant shall pay Plaintiff the total amount of losses of 587.60 within 45 days of the entry of this Order. ? Plaintiff is granted leave to present a petition, with appro, date notice to Defendant, to_ requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ? 12. BRADY INDICATOR ? 1. The Plaintiff or protected persons is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. ? 2. This Order is beingentercd aftera hearingof which Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph t of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected persons. ? 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected persons OR ? The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. D 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER AND ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire one year from the date this Order is entered. VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGEOF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLEBY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES 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 AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTI CE TO LAA H ENFO RCEM ENT OFFI CIAL The police who have jurisdiction over Plaintiffs residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to an 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 Sheriffs Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, 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 Plaintiff, Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. This Order is entered pursuant to the consent of Plaintiff and Defendant: Q 4vI dfiUI71 lx/L i arsha Renea Thompson, Plaintiff Allen Troy Peck, cfendant to Carey, Attorney fo laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 MARSHA RENEA THOMPSON, Plaintiff for herself and on behalf of her minor children, DAKARRA MAE THOMPSON, and J.T. ALLEN THOMPSON, VS. ALLEN TROY PECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6198 CIVIL TERM : PROTECTION FROM ABUSE D ? AND NOW, this day of October, 1999, pending further Order of Court the following schedule is entered by consent of the parties with regard to custody of the parties' minor child, Sheldon Kane Peck, born May 10, 1997. 1. Plaintiff, hereinafter referred to as the mother, and Defendant, hereinafter referred to as the father, shall share legal custody of the child. 2. The mother shall have primary physical custody of the child. 3. The father shall have partial custody of the child as follows: a) Alternating weekends from Friday at 2:30 p.m. until Monday at 5:45 a.m. b) An overnight period with the child on the Thursday following father's weekend from 2:30 p.m. until Friday at 5:45 a.m. C) At other times mutually agreed upon by the parties. d) The father shall pick up and drop off the child at the home of Anna Allen, the child's day care provider, at 29 Newville Road, Shippensburg, Pennsylvania, unless another location is mutually agreed upon by the parties. C) The father shall communicate any information regarding custody of the child through Anna Allen, or another third party designated by the mother. 3. The parties shall alternate the following holidays from 9:00a.m. until 7:00 p.m.: New Years, Easter, Memorial Day, July 4th, and Labor Day. The mother shall commence the schedule having the child on New Year's Day, in 2000. 4. The parties shall share the Thanksgiving Day holiday with the father having the child from 10:00 a.m. until 3:00 p.m, and the mother shall have the child from 3:00 p.m. If the father's Thursday visit occurs on Thanksgiving, he shall have the child from Thursday at 8:00 p.m. until the following morning at 5:45 a.m. 5. The father and mother shall alternate the Christmas holiday with one parent having the child on Christmas Eve from noon until Christmas Day at noon, and the other parent having the child from noon on Christmas Day until December 26th at noon. The father shall have the child for the segment beginning Christmas Eve in 1999, and odd years thereafler, and the mother shall have the child this segment in the even years. 6. The mother shall have the child on Mother's Day from 9:00 a.m. until 8:00 p.m., and the father shall have the child from 9:00 a.m. until 8:00 p.m, on Father's Day, unless it is the respective parents' weekend when the child shall remain in her or his care after 8:00 p.m. 7. The father shall have the right to partial custody of the child for two weeks of each summer. The father shall give the mother two weeks notice as to when his period of summer custody will take place. The mother shall have the right to have the child on weekends during that time unless the father takes the child on a vacation trip including weekends. The mother also has the right to take the child on a summer vacation including a maximum of two weekends. During their periods of vacation with the child, the parties' shall provide an address and telephone number where they can be reached with the child. 8. The motherand father, by mutual agreement, may vary from this schedule atanytime, but the Order shall remain in effect until further Order of Court. 9. There shall be reasonable notice given to the other party if a scheduled period of partial custody needs to be cancelled or modified and a make-up period shall be offered within a reasonable time frame. 10. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the child is in that parcries care. 11. Neither parry shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. This Order is entered pursuant to the consent of Plaintiff and Defendant: ?Q.Q.+Q?Id_,t%e,vdll ??i?lrIn2?1UN? 1 ? ?- Marsha Renea Thompson, Plai'ntiff Allen Troy Peck;" efendant i G Joan Carey, Attomc or Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 By the Court, f MARSHA RENEA THOMPSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff for herself and on behalf of her minor children, : CUMBERLAND COUNTY, PENNSYLVANIA DAKARRA MAE THOMPSON, and J.T. ALLEN THOMPSON, VS. ALLEN TROY PECK, Defendant : NO.99-/LA CIVIL TERM 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. n A hearing on this matter is scheduled on the j </ day of October, 1999, at I/ m . , i n Courtroom No.?y of the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 contempt which is punishable by a fine of up to $1,000.00 and/or up to six months injail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, 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 under the Violence Against Women Act, 18 U.S.C. § 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 find 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. MARSHA RENEA THOMPSON, ; IN THE COURT OF COMMON PLEAS OF Plaintiff for herself and on behalf of her minor : CUMBERLAND COUNTY, PENNSYLVANIA children; DAKARRA MAE THOMPSON, and J.T. ALLEN THOMPSON, Vs. ALLEN TROY PECK, Defendant NO. 99- G / 9f CIVIL TERM PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: ALLEN TROY PECK Defendant's Date of Birth: 03/27/68 Defendant's Social Security Number: 175-644075 Names of all Protected Persons: MARSHA RENEA THOMPSON, Plaintiff, and her minor children, DAK#gA MAE THOMPSON, and J.T. ALLEN THOMPSON. AND NOW, this S day of October, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 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 evicted and excluded from the residence at Countryside Mobile Home Park, 9 Robin Drive, Shippensburg, Cumberland County, Pennsylvania, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. 3. Except forsuch contact with the parties' minor child as may be permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiffs current residence, and any other residence she may, In the future, establish for herself, her minor children's school, the children's day care facility, except for the limited purpose of transferring custody of the parties' minor child, and/or Plaintiffs place of employment. Defendant Is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff ,$ place of employment: Raskas, 208 East Dykeman Street, Shippensburg, Cumberland County, Pennsylvania. Day care facility of the minor children: the residence of Anna Allen, 29 Newville Road, Shippensburg, Cumberland County, Pennsylvania. Defendant Is permitted to go to this location for the limited purpose of transferring custody of the parties' minor child. School of Plaintiffs minor children: James Burd Elementary School, Shippensburg, Cumberland County, Pennsylvania. D 4. Except forsuch contact with the parties' minor child as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, Including through third persons. 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child: Sheldon Kane Peck, 2 years old, born May 10, 1997. Until the final hearing, all contact between Defendant and the child shall be limited to the following: Defendant shall have periods of partial custody with the child on dates and at times mutually agreed upon by the parties. Transfer of custody shall take place at the residence of the child's day care provider (Anna Allen, 29 Newvllle Road, Shippensburg, Cumberland County, Pennsylvania). The local law enforcement agency in the jurisdiction where the child is located shall ensure that the child Is placed In the care and control of Plaintiff in accordance with the terms of this Order. 0 G. Defendant shall immediately relinquish the following weapons totheShcriffsOffice ore designated local law enforcement agency for the delivery to the Sheriffs Office: D*drt Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. rV\ La/ 7. The following additional relief is granted: The Cumberland CountySheriff's Department shall attempt to make sere.!-eat Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. 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 finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or her minor children. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives or the minor children. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police - Plaintiffs residence & children's day care facility Mid-Cumberland Valley Regional Police Department - Plaintiffs plece of employment and children's school 9. THIS ORDER SUPERSEDES: 0 ANY PRIOR PFA ORDER ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO 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 months in jail. 23 Pa.C.S. §6114. 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 r-nose. 23 Pa.C.S. 56113. Defendant is further notified that violation of this Order may -A Meet 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. §§ 2261-2262. Any protection ordev granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order sha!1 be enforced by the police who have jurisdiction over the plaintiffs residence OR any locc:ions where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs I thruugh 6 of this Order, Defendant may 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 of law 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 wcapon/s arc evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE Judge Joan Carey. Attorney for Plaintiff LEGAL SERVICES, INC. Copies to: Pennsylvania State Police Mid-Cumberland Valley Regional Police Department MARSHA RENEA THOMPSON, Plaintiff for herself and on behalf of her minor children: DAKARRA MAE THOMPSON, and J.T. ALLEN THOMPSON, VS. ALLEN TROY PECK, Defendant :1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99- 6 /9P CIVIL TERM PROTECTION FROM ABUSE PROTECTION FROM ABUSE Plaintiff is Marsha Rcnea Thompson. 2. Plaintiff brings this action for herself, and on behalf of her minor children. 3. The names of the persons who seek protection from abuse are Marsha Rcnea Thompson, Dakarra Mac Thompson, and J.T. Allen Thompson. 4. Plaintiffs address is Countryside Mobile Home Park, 9 Robin Drive, Shippcnsburg, Cumberland County, Pennsylvania 17257. 5. Defendant's address is Countryside Mobile Home Park, 9 Robin Drive, Shippensburg, Cumberland County, Pennsylvania 17257. Defendant's Social Security Number is 175-64-4075. Defendant's date of birth is 03/27/68. Defendant's place of employment is Ingersoll Rand, Ingersoll Drive, Shippcnsburg, Cumberland County, Pennsylvania. 6. Defendant is Plaintiffs former intimate partner. 7. Defendant has been involved in the following criminal court action: Defendant was arrested by the Pennsylvania State Police in or about November 1996, and charged with simple assault as a result of an incident involving Plaintiff. 8. Plaintiff seeks temporary custody of the following child: Name Address Birthdatc Sheldon Kane Peck Countryside Mobile Home Park 05/10/97 9 Robin Drive Shippensburg, PA 17257 9. Plaintiff and Defendant arc the parents of the following minor child: Name Ag9 Sheldon Kane Peck 2 years o!d 10. The following information is provided in support of Plaintiffs request for an Order of child custody: a) The child was born out of wedlock, b) The child is presently in the custody of Plaintiff, Marsha Renea Thompson, who resides at Countryside Mobile Home Park, 9 Robin Drive, Shippensburg, Cumberland County, Pennsylvania 17257. c) Since his birth the child has resided with the following persons and at the following addresses: Persons child lived with Address MO Plaintiff, Defendant, and Countryside Mobile Home Park From 05/10/97 Plaintiffs children, Dakarra 9 Robin Drive to the present Thompson and J.T. Allen Shippensburg, PA Thompson d) Plaintiff, the mother of the child, is Marsha Renea Thompson, currentlyresiding at Countryside Mobile Home Park, 9 Robin Drive, Shippensburg, Cumberland County, Pennsylvania. C) She is divorced. 0 Plaintiff currently resides with the following persons: N= Rclationshio Allen Troy Peck, Defendant intimate partner Sheldon Kane Peck her son Dakarra Mae Thompson her daughter J.T. Allen Thompson her son g) Defendant, the father of the child, is Allen Troy Peck, currently residing at Countryside Mobile Home Park, 9 Robin Drive, Shippensburg, Cumberland County, Pennsylvania 17257. h) He is married. i) Defendant currently resides with the following persons: Name Relationship Marsha Renea Thompson, Plaintiff intimate partner Sheldon Kane Peck his son Dakarra Mae Thompson Plaintiffs daughter J.T. Allen Thompson Plaintiffs son j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. k) Plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 1) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. m) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: 1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since his birth, and who can best take care of the minor child. 2) Defendant has shown by his abuse of Plaintiff and/or her minor children that he is not an appropriate role model for the minor children. 3) Defendant's behavior has adversely affected the children. The following other minor children presently live with Plaintiff: Names Age Plaintiffs relationship to child= Dakarra Mae Thompson 7 years old her mother J.T. Allen Thompson 5 years old his mother 12. The facts of the most recent incident of abuse are as follows: Approximate Date: On or about October 6, 1999 Approximate Time: 10:30 p.m. Place: Dykeman Road, Shippensburg, Cumberland County, Pennsylvania, near Plaintiffs place of employment. On or about October 6, 1999, as Plaintiff was leaving her residence to drop her 5 and 7-year old children off at the babysittcr's while she worked the I I p.m. to 7:30 a.m. shift, Defendant, who was temporarily babysitting the parties' 2-year-old son, Sheldon, told her that he was going to leave with the child and not return with him unless she allowed him to remain living at her residence. Plaintiff dropped her two older children off at thebabysitter'shouse, and as she drove up to her work place, she saw Defendant parked in his vehicle within a block of her employment, with their child in the back seat, watching her, causing Plaintiff to be fearful for her safety. 13. Defendant has committed the following prior acts of abuse against Plaintiff and/or her minor children: a) On or about October 5, 1999, at approximately 10:00 p.m., Defendant, who was angry with Plaintiff, went outside for several minutes as she readied her two nlder children to take them to the babysitter's house on her way to her I 1 p.m. shift at work. As she was driving to the babysilter's home, Plaintiffs vehicle, which was in good working order, suddenly began emitting smoke from the engine, causing her to fear for her safety and that of her children. When she arrived at the babysitter's house, the woman told her that Defendant had telephoned moments before inquiring if she had gotten there safely, which he had never had done before, causing Plaintiff to suspect that he had tampered with her vehicle. Plaintiff drove back to her residence, and was met by Defendant coming out of the trailer with tools. Defendant quickly pointed out the mechanical problem to Plaintiff (a loosened oil cap on the manifold). b) OnoraboutOetober2,1999, at approximately 8:00 a.m., as Plaintiff left her place of employment, she noticed Defendant parked in his vehicle in the parking lot of a nearby business with their son, Sheldon, in the back seat. Defendant drove alongside Plaintiffs vehicle and motioned for her to pull off the road, but she ignored him and drove to her residence. Defendant drove in behind her and returned the child to her. Plaintiff left with herchildren and went to her father's home. Defendant telephoned Plaintiff repeatedly while she was visiting her father demanding to know when she was going to return to her residence, and pleading with her to allow him to continue to live with her. snn ;t pnrneimatclv'{}tuyn.m.•shortlvhetore C1nnr;,hn,ttOf!v)Pv n•enrV r)"tendcntrnnkhercar Rev" r DefettdAnt fi'iintitTwaap,Gtingr??ct? t,+! '1 ilhen>a+,lintiff?:nther'k ,l hack: „to :,t:r4. M herhv Omna her nm ,,revcnt her 4'rnm otn d the t ; ;,way 1 r:tckz4 In .+..kthrtr ?nn. Sheldon. and left thehnu?- t{rr4 and 'Creamed :,t h . n' r ,L,n ;nt crsopen >hae•a. ncr Defendant ,rrint fnrher..hild' ,f,t;,P'untlffc,+l!to^/T'vnrknndresttninedathnmetn ?wentt)"fcndsmtr+.tlmrst4l'It}t•}led "hc?nilo+?ngmnrning, % ct Imed to the V!.'" V 11,11 oce 3 •t times, urin4 the leivmg thechild locked in his r'ysc ' I mn dr'false nccttsanons. t1m. i} . a • t , r ; threatened m horn Q ' ..hide i^ Plaintiff' t.trtlA 'w", ,cr ,oh and : tP .,ntlcnmeltnme_yrn,'llcnmehometrim-W." r, ea at her, thrcate ntA'++ ,.,use her werc ln',Aniherrc5idencesny,ng,,..ti n, schnhtthatdayIvem: 'lnintiff a twt, older .htldr.n',?'eCe prrscnt during mnst c}f tlti?a incidennand fearing n fn?m arhnol: would came n trttumtitizcA by ht? bchnvinr lhat they rrtuacd n !!Oil' o!}nd'+uthori'i='+tian pirk tbool 1, to i? c nAnnt took thenat"C3 rnm,, r that ncfenA;+nt, u'h cl,nni r. m' n }heir rchw)l anA trftntcmn,s.hcm , n. Shetdnn ,md'' fl .tie : rr?iAr,;ce at irr}mrintztc(01) p r +')?9 1)cferdant vhn ,vas h,tisining all three nn the hack of In-,r;rhnut nid•'+ttmm }}itdrert,me day, •,tn,ck Iiainttf^ " ;Far.,;{r{ AauGhtrr. C)nknrra. finnr_ Deendnnt toldthe '?,?hcrrr nrthe}•wntheu1A „_rdre l on ^ xo;*dcn p i?}e PeltS qet in tro+thte: 'III xft! "',J- << cfe.ndnnt 1rprod with plaintiff and ns she nr aYrotd Detcmbcr I > ?? o rd her on :he .ide ?fh er he %Vhen ,ricd to call for help, f)::fcnA:mt ;ho trtathn thestopnndheresying Plaintiff uicA ro n into the hcdriom tl_fcnAanpt ;lammui fmitt.r? :md ref+lsed to open the, rlohr Ac?•pite her r it, and threw the telephone outside. , -nomil In CRjI the fln,tc firlentl p?l nnit n i:ict hcr;crecndt,nr,brcrkint,ilhh°r j lice. ln Alcft pennvylvsm State kt d t irrcukingit,tnn: flefcnllanttookPirtinitf) s`?ehiclc;m p„lictr oAnnt had left. n=p,nvl!'fI, t„r} f 1cfe Plaintiffa can, i.T. Allen (? In or nhnnt 1efcnlant too 1'e111fnty 1 ` ,11, 7 17t ; tdrl, ."jilr hint At npproxirnntely 9:f}fr a.m., Aid not tell 1 ht,tirps"t?,111cil } y ". nod did Hirt rchun with the child until Plaintiff whet,; ho tva f E. nhjnt+v,itndtely Sattl 11.111" ?pusitilt 1'Inintilf t?tlaartf ulll shmlly nilrerheturn'nglto 1,riat, , 11(4100:111 t, tthu hall I+cctt thih4ltyl, f nnttt dl tuck him to the 1'l:th11111,4lurmt itillt'I1101crllnlt'ohtir tui llheb, l,? 41tt1ild ?t?i?i'lntintitl'thatthe v.lth in, bil' l!o11, .uul . lts iltc h++sltital stafl'.hntnct ,totih?t \Ilcl dolulthluo,l wotk r+n the c111111, the docpa n "hil"l tt nv tit ell a+.cunl11,$ t,, the lest Ics}t Th - y' d1on .Q 1 ,+ulh SeWe" Wk that Madch m,nirhilt} d,i,t! +ntrlhink I'ti!Itl!t't1-old t1111111, 11111 tut,1 a id 1'i.,1+,1it1 t1,+11 \0` o,l ntl „ C) On oraboutOctobcr 1, 1999, at approximately 10:00 p.m., shortly before Plaintiff was getting ready to leave to go to work, Defendant took her car keys to prevent her from going to work. When Plaintiff got herkcys back. Defendant yelled and screamed at her, tried to get the keys away from her by prying her fingers open, shoved her backward, took their son, Sheldon, and left the house. Fearing for her child's safety, Plaintiff called off work and remained at home in the event Defendant returned with the child. The following morning, Defendant returned to the residence 3-4 times during the day, leaving the child locked in his vehicle so Plaintiff could not get him, harassed her, made false accusations, yelled at her, threatened to cause her to lose her job, and threatened to bum down her residence saying, "When you come home, you'll come home to ashes." Plaintiff's two older children were present during most of this incident and were so traumatized by his behavior that they refused to go to school that day fearing that Defendant, who had authorization to pick them up from school, would come to their school and try to remove them from school. Defendant took the parties' son, Sheldon, and left the residence at approximately 6:30 p.m. d) In or about mid-summer 1999, Defendant, who was babysitting all three children one day, struck Plaintiffs 7-year-old daughter, Dakarra, on the back of her leg with a wooden paddle, causing her to fall to the floor. Defendant told the child not to tell Plaintiff that he had hit her or he would get in trouble. C) In or about December 1998, Defendant argued with Plaintiff and as she tried to call for help, Defendant shoved her on the side of her head. When Plaintiff tried to go into the bedroom, Defendant slammed the door against her fingers and refused to open the door despite her pleas that he stop and her crying out in pain. The babysitter ran to the neighbor's home to call the police. Defendant kicked the screen door, breaking it, and threw the telephone outside, breakingit,too. Defendant took Plaintiffs vehicle and left. Pennsylvania Stale Police responded, but Defendant had left. 0 In or about February 1997, Defendant took Plaintiffs son, J.T. Allen Thompson, then 3 years old, with him at approximately 9:00 a.m., did not tell Plaintiff where he was going, and did not return with the child until approximately 5:00 p.m., causing Plaintiff to be concerned for the child's well- being. Defendant, who had been drinking, passed out shortly after returning to Plaintiffshome. When Plaintiff noticed the child exhibiting behavior consistent with incbrcation, and smelled alcohol on the boy, she promptly took him to the doctor. After doing blood work on the child, the doctor advised Plaintiff that the child was intoxicated according to the test results. The hospital staff contacted Cumberland County Children & Youth Services and reported the incident. The child told Plaintiff that Defendant made him drink something that made his belly hurt, and when he vomited in his vehicle, Defendant slapped him and yelled at him. g) In or about November 1996, after Plaintiff, who was 4-months pregnant, told Defendant to leave her residence, he grabbed a baseball bat and struck a post in the kitchen with it twice, struck the pool table with the bat repeatedly, leaving 5 holes in the table, grabbed the side of the table and flipped it onto its side, shoved Plaintiff against the door, slapped her on the face, grabbed her neck with one hand, and punched her on the abdomen with his other fist, threatening her saying, "If I can't have you, you're not having this baby." When Plaintiff tried to use the telephone to call for help, Defendant grabbed the telephone from her and smashed it with the baseball bat. Defendant lefl the residence. Later the same day, Defendant's estranged wife telephoned Plaintiff and told her that he had come to her place of employment, threatened to kill himself, and stuck the barrel of his gun in his mouth. When Plaintiff reported the incident involving Defendant and herself to the Pennsylvania State Police, Defendant was arrested, charged with simple assault, fined, and placed on probation. h ) Since approximately 1996, Defendant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, punching, and choking her; restraining herby blocking doorways with his body, controlling her by insisting on going most places with her, timing her when she goes places to ensure that she is where she says she is going; stalking her by repeatedly telephoning her at her residence, her place of employment, and at other peoples' homes and places of employment to find out if she is there, and waiting for her as she goes to or leaves work, and threatening to bum down her home. 14. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Pennsylvania State Police - Plaintiffs residence Mid-Cumberland Valley Regional Police Department - Plaintiffs place of employment I5. There is an immediate and present danger of further abuse from Defendant. 16. Plaintiff is asking the Court to evict and exclude Defendant from the residence at Countryside Mobile Home Park, 9 Robin Drive, Shippensburg, Cumberland County, Pennsylvania, which is owned in the names of Plaintiff and her father, Merritt Burdge. 17. Defendant owes a duty of support to Plaintiff for the parties' minor child, Sheldon Kane Peck. 18. Plaintiff has suffered the following out-of-pocket financial losses as a result of the abuse described above: see attached Exhibit A, incorporated herein by reference. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or her minor children in any place where they may be found. B. Evict and exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Award Plaintiff temporary custody of the parties' minor child, Sheldon Kane Peck, and place the following restrictions or contact between Defendant and child: Defendant may transfer custody of the parties' minor child at the child's day care facility, and may have contact with Plaintiff for the limited purpose of communicating custody arrangements. D. Prohibit Defendant from having any contact with Plaintiff and/or the minor children, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiffs current residence, and any residence she may, in the future, establish for hersel f, her place of employment, her children's school, and/or the children's day care facility, except for the limited purpose of communicating custody arrangements. E. Prohibit Defendant from having any contact with Plaintiffs relatives and/or Plaintiffs children listed in this Petition. F. Order Defendant to pay temporary support to Plaintiff for the parties' minor child, Sheldon Kane Peck, including medical support and half of the child's day care expenses. G. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as a result of the abuse, to be determined at the hearing. H. Order Defendant to pay the costs of this action, including filing and service fees. 1. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. J. Order the following additional relief, not listed above: Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Enjoin Defendant from harassing Plaintiffs relatives and/or the minor children. Date: K. Grant such other relief as the court deems appropriate. L. Order the police or other law enforcement agency to serve 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 Defendant's residence, where Defendant can be served. Respectfully submitted, Joan Carc Philip C. Brigand Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VF, iFICATION 1 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 bat of my knowledge. I understand that any false statements as mute subject to the pcnaltia of 18 Pa.C.9. §4904, relating to unworn falsifloaNon to authoddes. Dated: d , -Nub CL Pi R _ `71z?m2 t. Mush Renu Ihompson, Plaintiff MARSHA RENEA THOMPSON, Plaintiff for herself and on behalf of her minor children: DAKARRA MAE THOMPSON, and J.T. ALLEN THOMPSON, Vs. ALLEN TROY PECK, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99a CIVIL TERM PROTECTION FROM ABUSE OUT-OF-POCKET LOSSES Plaintiff requests that the defendant reimburse her out-of-pocket losses, including but not limited to the following: Any and all expenses/costs incurred to repair and/or replace clothing/propcrty damaged and/or destroyed, including, but not limited to lost wages as a result of the incident which occured on or about October 2, 1999. Lost wages on October 2, 1999 $87.60 EXHIBIT A 1 L) 1 k6 1 c,C7 MARSHA RENEA THOMPSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff for herself and on behalf of her minor children, : CUMBERLAND COUNTY, PENNSYLVANIA DAKARRA MAE THOMPSON, and J.T. ALLEN THOMPSON, VS. ALLEN TROY PECK, Defendant NO. 99-6198 CIVIL TERM : PROTECTION FROM ABUSE AND NOW, thif_?__ day of October, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Thursday, October 14,1999, at 11:00 a.m. by this Court's Order of October 8, 1999, is hereby rescheduled for hearing on Friday, November 5, 1999, at 2:00 p.m. in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered, through October 8, 2000, or until further Order of Court, whichever comes first. Certified copies of this.Order for Continuance shall be provided to the Pennsylvania State Police and the Mid-Cumberland Valley Regional Police Department by Plaintiffs attorney. Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. & ?. 3. /, MARSHA RENEA THOMPSON, Plaintiff for herself and on behalf of her minor children, DAKARRA MAE THOMPSON, and J.T. ALLEN THOMPSON, VS. ALLEN TROY PECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6198 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Marsha Renea Thompson, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: A Notice of Hearing and Temporary Protection From Abuse Order was issued by this Court on Friday, October 8, 1999, scheduling a hearing for Thursday, October 14, 1999, at 11:00 a.m. 2. The Cumberland County Sheriffs Department attempted to serve Defendant with a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse at Plaintiffs residence on Friday, October 8, 1999, but Defendant was not there at the time. On October 11, 1999, the Cumberland County Sheriffs Department mailed a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse with paperwork deputizing the Franklin County Sheriffs Department to serve Defendant at his place of employment, Ingersoll Rand Corporation, in Shippensburg. On October 13, 1999, at approximately 4:00 p.m. Legal Services staff contacted the Franklin County Sheriffs Department and was advised that they had not received the above listed paperwork for service. 4. The Plaintiff requests that the hearing be rescheduled to allow for service of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse on Defendant. 5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered, through October 8, 2000, or until further Order of Court, whichever comes first. 6. Certified copies of the Order for Continuance will be delivered to the Pennsylvania State Police and the Mid-Cumberland Valley Regional Police Department by the attorney for Plaintiff. WHEREFORE, 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 one year from the date it was entered, through October 8, 2000, or until further Order of Court, whichever comes first. Respectfully submitted, "--,, " ?L L a . (man Carey, Attorney f ' 'laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 MARSHA RENEA THOMPSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA For herself and on behalf of her minor children, DAKARRA MAE THOMPSON,and : J.T. ALLEN THOMPSON V. NO. 99-6198 CIVIL TERM ALLEN TROY PECK, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT AND NOW, this 4 day of November, 1999, this Court certifies that the attached complaint has been properly completed and vcriftcd, and there is probable cause for this issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, ALLEN TROY PECK. 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. Defendant has a right to be represented by an attorney. I f 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. Jonathan R. Birbcck Chief Deputy District Attorney ALLEN TROY PECK (20pltT 3r ?[ .A. , S?<< 13&-)CA wcfip?s'ol RE U 0 -r^,c Of 71 v e;7TAP V w, ? u. ,??•- as,rdt $Iq. fx S MARSHA RENEA THOMPSON, Plaintiff for herself and on behalf of her minor children, DAKARRA MAE THOMPSON,and: J.T. ALLEN THOMPSON V. ALLEN TROY PECK, Defendant IN THE COURT OF COMMON PLEASOF CUMBERLAND COUNTY, PENNSYLVANIA 99-6198 CIVIL : CHARGE: INDIRECT CRIMINAL CONTEMPT C'OMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbcck, Chief Deputy 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 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 Contntonwcalth is requesting a hearing on the charges of Indircct Criminal Contempt pursuant to 23 Pa.C.S.A, § 6113. 6. The plaintiff and/or the defendant may seek modification of the Ordcr 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. § 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, z;V ` /9 Jonathan R. Birbcck Chief Deputy District Attorney COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Ctanberland POLICE CRIMINAL COMPLAINT District Utica Nme:Hcn. A No.: Filed: COMMONWEALTII OF PENNSYLVANIA VS. DEFENDANT: HARE and ADDRESS (- ALLEN PECK 7511 LINCOLN WAY WEST, ST TrKM PA 17252 717-369-5887 L ..l Idilhlte U Aslan U Black U Fmole ?HispanicC) Native Aaericen ? ltivwt ®Mele 03/27/1968 175-64-4075 Motion Is A.K.A. fadttt'S Vehicle infornotion: fmdnt's Driver's l case Mabr Plato IAnber State I Registration Stfcker(MM) State PA , 22064969 H02-1098221 260 District Attorney's Office X Approved ? Disapproved because: (tthe district attorney soy rogAro t the cmplaint, wrest wrront offidtvl t, or both be approved by the attomvy for the Comcr celth prior to }Illrg Pa.R.Cr.P. 1D7.) (NMO 0 omey for txisa nn or ype 519M U& o Attorney for a e I, TPR KIRK A PERKINS 3605 (Mama of A f a t-Piense Print or Type) (Officer Badge Mater/I.D.) of PA State Police PAPSP1000 (Idtittty Dtportnmt a Agorcy Representod and Political S"ivision) (Pollee AgM On Meter) (Originating Agocy Cone M lw=)) do hereby state:(check the appropriate box) 1. ® I accuse the above named defendant, who lives at the address set forth above ? 1 accuse an defendant whose name is unknown tome 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 violating the penal laws of the Commonwealth of Pennsylvania at 9 ROBIN DR. SHIPPENSBURG PA 17257 SOUn1W4yIW 7WP. ( oce•Po t u rv s m) in Cumberland County on or about 11/08/99 9 APPROX. 1800 HRS Participants were: (if there were participants, place their names here, repeating the name of the above defendant) ALLEN PECK 2. The acts committed by the accused were: (Set forth a amwy of the facts sufficient to advise the defmdnt of the nature of the offeror dtagod. A citation to the statte attegodty violated without eons, is rot &Af Icient. in a wmory case, you mat cite the spe6fic cation and sttaation of the statute or ordirmce alltyad[y violated.) The Def. did violate an order issued under the Protection from Abuse Act F.R. 1992-512 dated 06/04/92, by the Court of Ccrnron Pleas of Cumberland County. The PFA No99-6198, Civil Term was issued by the Honorable Judge George E Hoffer. To wit the Def did call the residence of the victim and leave several messages on her answering machine, which is in violation of papagraph # 3 of this order. (Continuation of 2.) Defendant Name: ALLEN PECK Docket Number. POLICE CRIMINAL COMPLAINT 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 L 6113 of the DR 1 (Section) (Sub-Section) (PA Statute) (counts) 2, of the (Section) (Sub-Section) VA Statute) (counts) 3. of the (Section) (Sub-section) VA Statute) (counts) 4. of the (Section) (Sub-Section) (PA statute) (counts) 3. 1 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 order for a warrant of arrest to issue, the attached affidavit of probable cause mast 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. This verification is made subject to the penalties of Section 4904 of the Crimes de( ® 4904) relating to unsworn falsification to authorities. 1 // • /J 19 4S 7 e re o an AND NOW, on this date 119 I certify the complaint has been properly completed and verified. An altidavit o probable cause must be completer in order for a warrant to Issue. MARSHA RENEA THOMPSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff for herself and on behalf of her minor children, : CUMBERLAND COUNTY, PENNSYLVANIA DAKARRA MAE THOMPSON, and J.T. ALLEN THOMPSON, VS. ALLEN TROY PECK, Defendant NO. 99-6198 CIVIL TERM : PROTECTION FROM ABUSE Defendant's Name: ALLEN TROY PECK Defendant's Date of Birth: 03/27/68 Defendant's Social Security Number: 175-644075 Names of Protected Persons: MARSHA RENEA THOMPSON, Plaintiff and her minor children, DAKARRA MAE THOMPSON J.T. ALLEN TH N AND NOW, this d y of jurisdiction over the parties and the ADJUDGED, and DECREED as follows: October, 1999, the court having subject-matter, it is ORDERED, Plaintiff, Marsha Renea Thompson, is represented by Joan Carey of Legal Services, Inc.; Defendant, Allen Troy Peck, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. © Plaintiffs request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. 0 Plaintiffs request for a Final Protection Order is denied. I. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person In any place where they might be found. ru\ Lint/ 2. Defendant is completely evicted and excluded from the residence at Countryside Mobile Home Park, 9 Robin Drive, Shippensburg, Cumberland County, Pennsylvania, orany other residence Plaintiff may, in the future, establish for herself. Exclusive possession of the residence is granted to Plaintiff, who owns the property with her father. Defendant shall have no right or privilege to enter or be present on the premises. ? On_ at _.m., Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. w 3. Except as provided in Paragraph 5 of this Order, Defendant Is prohibited from having ANY CONTACT with Plaintiff and/or her minor children at any location, including, but not limited to, any contact at Plaintiff's current residence, and any other residence she may, in the future, establish for herself, and/or at her place of employment, the children's schools, or the day care facility of the minor children, except for the limited purpose of transferring custody of the parties' minor child, Sheldon Kane Peck. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence: Countryside Mobile Home Park, 9 Robin Drive, Shippensburg, Cumberland County, Pennsylvania Plaintiffs place of employment: Raskas, 208 East Dykeman Street, Shippensburg, Cumberland County, Pennsylvania. Day care facility of the minor children: theresidenceofAnnaAllen,29Newville Road, Shippensburg, Cumberland County, Pennsylvania. Defendant is permitted to go to this location for the limited purpose of transferring custody of the parties' minor child, Sheldon Kane Peck. School of Plaintiff's minor children: James Burd Elementary School, 600 Brad Street, Shippensburg, Cumberland County, Pennsylvania. d. Except as provided in Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. 5. Custody of the parties' minor child, Sheldon Kane Peck, shall be as follows: Plaintiff shall have primary physical custody of the minor child. Defendant shall have partial custody of the child. (See attached Custody Order) Defendant may contact Plaintiff for the limited purpose of communicating information in the event of an emergency concerning their minor child. All other communication regarding custody arrangements for the child shall be conveyed through the child's current day care provider, Anna Allen, or other third party designated by Plaintiff. The local law enforcement agency in the jurisdiction where the minor child is located shall ensure that the child Is placed In the care and control of Plaintiff in accordance with the terms of this Order. ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following firearms and/or specific weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/rcn; ? 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms and/or specific weapons for the duration of this Order. Any firearms and/or weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be retumcd until further Order of Court. 8. The following additional relief is granted as authorized by §6108 of this Act: This Ordershall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates rink of harm to Plaintiff and/or her minor children. Defendant is enjoined from damaging or destroying any property owned by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives or her minor children. 9. Defendant is directed to pay temporary support for the parties' minor child, Sheldon Kane Peck, as follows pending further Order of Court: Defendant shall make payments of $50.00 per week, in the form of a money order made payable to Plaintiff, mailed to her mailing address. Payments shall commence on Monday, October 25,1999, and each Monday thereafter until the time of a scheduled support conference. This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. 11. Defendant shall pay 587.60 to Plaintiff as compensation for Plaintiff's out-of- pocket losses, which are as follows: lost wages as a result of the incident which occured on or about October 2, 1999. Defendant shall pay Plaintiff the total amount of losses of S87.60 within 45 days of the entry of this Order. ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to_ requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ? 12. BRADY INDICATOR ? 1. The Plaintiff or protected person/s is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. ? 2. This Orderis being entered aftera hearingof which Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/s. ? 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected persons OR ? The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. ru\ 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER AND ANY PRIOR ORDER RELATING TO CHILD CUSTODY. © 14. All provisions of this Order shall expire one year from the date this Order is entered. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE 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. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES 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 AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The pol ice who have jurisdiction over Plaimifrs residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs I through 7 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to an 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. ThcCumberland County Sheriffs Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, 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 Plaintiff, Plaintiffs presence and signature arc not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. This Order is entered pursuant to the consent of Plaintiff and Defendant: Marsha Renca Thompson, Plaintiff J ? Carey, Attorney fo laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Allen Troy Pcck, efendant MARSHA RENEA THOMPSON, Plaintiff for herself and on behalf of her minor children, DAKARRA MAE THOMPSON, and J.T. ALLEN THOMPSON, VS. ALLEN TROY PECK, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6198 CIVIL TERM PROTECTION FROM ABUSE JMSTODY ORDER w'F AND NOW, this day of October, 1999, pending further Order of Court the following schedule is entered by consent of the parties with regard to custody of the parties' minor child, Sheldon Kane Peck, bom May 10, 1997. 1. Plaintiff, hereinafter referred to as the mother, and Defendant, hereinafter referred to as the father, shall share legal custody of the child. 2. The mother shall have primary physical custody of the child. 3. The father shall have partial custody of the child as follows: a) Alternating weekends from Friday at 2:30 p.m. until Monday at 5:45 a.m. b) An overnight period with the child on the Thursday following father's weekend from 2:30 p.m. until Friday at 5:45 a.m. C) At other times mutually agreed upon by the parties. d) The father shall pick up and drop off the child at the home of Anna Allen, the child's day care provider, at 29 Newville Road, Shippensburg, Pennsylvania, unless another location is mutually agreed upon by the parties. C) The father shall communicate any information regarding custody of the child through Anna Allen, or another third party designated by the mother. 3. ncpartics shall alternate the following holidays from 9:00 a.m. until 7:00 p.m.; New Years, Easter, Memorial Day, July 4th, and Labor Day. The mother shall commence the schedule having the child on New Year's Day, in 2000. 4. The parties shall share the Thanksgiving Day holiday with the father having the child from 10:00 a.m. until 3:00 p.m. and the mother shall have the child from 3:00 p.m. If the father's Thursday visit occurs on Thanksgiving, he shall have the child from Thursday at 8:00 p.m. until the following morning at 5:45 a.m. 5. The father and mother shall alternate the Christmas holiday with one parent having the child on Christmas Eve from noon until Christmas Day at noon, and the other parent having the child from noon on Christmas Day until December 26th at noon. The father shall have the child for the segment beginning Christmas Eve in 1999, and odd years thereafter, and the mother shall have the child this segment in the even years. 6. The mother shall have the child on Mother's Day from 9:00 a.m. until 8:00 p.m., and the father shall have the child from 9:00 a.m. until 8:00 p.m. on Father's Day, unless it is the respective parents' weekend when the child shall remain in her or his care after 8:00 p.m. 7. The father shall have the right to partial custody of the child for two weeks of each summer. The father shall give the mother two weeks notice as to when his period of summer custody will take place. The mother shall have the right to have the child on weekends during that time unless the father takes the child on a vacation trip including weekends. The mother also has the right to take the child on a summer vacation including a maximum of two weekends. During their periods of vacation with the child, the parties' shall provide an address and telephone number where they can be reached with the child. 8. The motherand father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further Order of Court. 9. There shall be reasonable notice given to the other party if a scheduled period of partial custody needs to be cancelled or modified and a make-up period shall be offered within a reasonable time frame. 10. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. I I . Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. This Order is entered pursuant to the consent of Plaintiff and Defendant: Marsha Renea Thompson, Plaintiff Allen Troy Peck efcndant ban Carey, Attorne or Plai LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 By the Court, MARSHA RENEA THOMPSON, FOR HERSELF AND ON BEHALF OF HER MINOR CHILDREN, DAKARRA MAE THOMPSON, AND J.T. ALLEN THOMPSON VS. ALLEN TROY PECK Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 99-6198 Civil Term CIVIL BENCH WARRANT TO THE SHERIFF OF CUMBERLAND COUNTY: You are hereby commanded by the Court of Common Pleas of Cumberland County, Civil Division, to take Allen Trov Peck who stands charged in said Court for FAILURE TO APPEAR IN COURT, and forthwith bring the said person before the Court, or one of the Judges thereof, to be dealt with according to the Law. Witness this 16th day of Novenber A.D., 19 99 Ciirtia R nng Prothonotary ADDRESS: Deputy 7511 Lincoln Way West St. Thomas, PA 17252 DOB: 1/97/sp S.SEC.q -175-.E4-4075 SEX: M RACE: _Whit„ HT: WT: EYES: HAIR: I'TINryANK{NNOPNCO.FO eOXIp WKWAAASP(NI.FA 11mil SURETY, BONDSMAN, REALTY BAIL BOND APPLICABLE PORTION OF REVERSE SIDE MUST BE COMPLETED CERTIFICATION OF BAIL I OTN AND DISCHARGE iMONWEALIHVa IOFNn0Anl Nlrry Arq ALUrH,I Allen Troy Peck 7511 Lincoln Way West Ou HOH(no Surely)' U Nominal Ball ? Ball (total amount set. It any) $ 6]c Conditions of Release (aside from appearing at court when required) No Contact with victim, Marsha Renea Thompson (attach addendum, d necessary) iECUAITr OR SUREI r rm ANr1 ? Surety Company ? Professional Bondsman ? Realty ROR Other _ _ Hnn__Edgar B. Bayley for POl ICE CASE NO D j NO CP TEnMaNo 99-6198 Civil DAIE OF CIIARGEI Violation of PFA Order L (Indirect Criminal Contempt) XT COURT ACTIO Tuesday 1- CR #3 Cumber TO 0 Detention Center ? Other I hereby cer Illy That sufficient ball has been entered «By the defendant U On behalf of the defendant by i N.?r a Amr ?s, m SwFm Il rUme No 1 • Refund of Cash bad will be made within 20 days alter final disposition (Pa R Cr P. 4015(b)) • Refund of all other types of ban will be made promptlyaller 20 days following final disposition (Pa R Cr P 40151a)) • Bring Cash Ball Receipt to Clelk of Court DISCHARGE THE ABOVE -NAMED DEFENDANT FROM CUSTODY IF APPEARANCE OR BAIL BOND DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND Given under my hand and the Official Seal of this Court, UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI Gus 22nd day or. November ,19-j 9 OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITEDSTATES. uEr... a ?. ,.. ISEALI C?,•,' '11?...V .rnW, Prot r WE, THE UNDERSIGNED, defendant and surety, our successors, heirs and assigns, are jointly and severally bound to pay to the Commonwealth of Pennsylvania the sum of ROR dollars($ s. SEE REVERSE SIDE FOR BAIL CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is ACorporation) Principal and_ hereby Cerfdy that the amount paid by said Principal 10 said Surety lot bad in the above matter is S . and that no further sum or Sums is 10 be paid therefore by the Said Pllntipal or anyone an his beh,01 We further certify that said Principal has given to said Surely counter indemnity consisting of of the value of $ as follows'. Surety, and no Wither counter Indemnity is to be given the said Surety except We further certify that there are noludgmenls against the said corporate surety outstanding and unpaid lot a period of more than thirty days from the date of the entry of such Judgment except those in which a petition to open m vacate the judgment has been filed and remains undisposed of Dated MUST BE SIGNED IN PERSON BY THE APPROVED AGENT 19 I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. The following acknowledgement is also applicable it Percentage Cash nod rs used THIS BOND SIGNED ON tv _ at PE NNSYI.VANIA (SEAL) (SEAL) X _ l) (SEAL) . ? J,A, up1 , , 1 ?1 r 1 hPMd andhue Of Surely (May be nondsman. nail Agency, or private mdiwdual or organrtdnonl Except when defendant is released on h's uwn 1VC(wf1VAanCP (R')R). this must bw s,gned in all bail situations mt (...brig own. o,01). Id Signed and acknowledged belore me, Ihis 22nd dayol November Ira 99 ; EN ? .?lFul?a Cl . ?-a cu • _ rl ,eirnermrv..rryA. r.,r. i rot h ?OtaYy • In case of corporate suielybad. Power of Attorney must ORIGINAL be affixed to bonder omerwise bond is invalid rul'..i I', lq ,. p r,?? VrA.,r lJ,ll11 ISEALI r.,, ... , o„ n..., .."a .... r.... r. I ...,.,.... to .,..,,...., I U+• e fo Casty of f`Wcootdge Cast) fLnl of Nominal flad Power of Allorne y is not regurted A, 14 . 414h2 MARSHA RENEA THOMPSON, Plaintiff For herself and on behalf of her minor children, DAKARRA MAE THOMPSON J.T. ALLEN THOMPSON V. ALLEN TROY PECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6198 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of November, 1999, bail is set at ROR upon defendant appearing for a hearing before Judge Hoffer in Courtroom No. 31 Cumberland County Courthouse, Carlisle, Pennsylvania, at 1:30 p.m., November 30, 1999, and further conditioned upon defendant having no contact, direct or indirect,. with Marsha Thompson in this intervening period pending further order of court. Jonathan R. Birbeck, Esquire Chief Deputy District Attorney Ellen K. Barry, Esquire First Assistant Public Defender Judge Hoffer CCP Sheriff prs By the Court, n MARSHA RENEA THOMPSON, Plaintiff For herself and on behalf of her minor children, DAKARRA MAE THOMPSON,and J.T. ALLEN THOMPSON V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6198 CIVIL TERM ALLEN TROY PECK, Defcndant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this day of November, 1999, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for this issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, ALLEN TROY PECK. 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. 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, I Z lsl C Gcorgc '. Hoffer P.J. Jonathan R. Birbcck Chief Deputy District Attorney ALLEN TROY PECK TRUE COPY FROM RECORD to Testimony wheraof, I hue unto 30 my hand and the sea of Sam Coul1%at callIA, Pa. l.3or" ' 1(130 ill MARSHA RENEA THOMPSON, : IN THE COURT OF COMMON PLEASOF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA for herself and on behalf of her minor children, DAKARRA MAE THOMPSON,and: J.T. ALLEN THOMPSON :99-6198 CIVIL V. ALLEN TROY PECK, 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 of Indirect Criminal Contempt: 1. 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 of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. § 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, Jonathan R. 13irbcck Chief Deputy District Attorney COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Cumberland District )Aster: Justice Nam:lkn. at No.: Filed: POLICE CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLVANIA V5. DEFENDANT: RARE and ADDRESS r ALLEN PECK 7511 LINCOLN WAY WEST, ST TIiCMAS PA 17252 717-369-5887 L J ®Ihite ? Asian ? Blade I ® 11 farate -. -- - ---- I - ---- - r-•--^ - -° ?Hispanic ? Native Aaor(can El irony, Yale I03/27/1968 I 175-64-4075 Plate Nusher State Registration Stfdcer(*M) State PA 22064969 Corplaint/Ircident witeer le nt/irc dnt )Asters cow Participants INS coca H02-1098221 260 District Attorney's Office M Approved C-] Disapproved because: ((the district attar eaY re?tiro t the cmpleint, arrest warrant aff(davit, or both be approved by the attorney for the Cammealth prior to flllrp Pa.R.Cr.P. ID7.) (MM 0 Attorney or ease nn or )pe (Signature o Attorney or -(QatT- I,._ R KIRK A PERKINS 3805 (Nam of Af a t-Pleme Print or Type) (officer so* Msber/I.D.) of PA State Police PAPSP1000 (identify Daporaimt or Agency Represented and Political Sidiv)sion) (Police AWRY ati )Asher) (DriRirotirg ADency Case Neiber(DG)) do hereby state:(check the appropriate box) 1. M I accuse the above named defendant, who lives at the address set forth above ? I accuse an defendant 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 violating the penal laws of the Commonwealth of Pennsylvania at 9 ROBIN DR. SHIPPENSBURG PA 17257 SOU17 iAMPTION 7WP. ( ace•Po acs ivas on) in Cumberland County on or about 11/08/99 @ APPROX. 1800 HRS Participants were: (if there were participants, place their names here, repeating the name of the above defendant) ALLEN PECK 2. The acts committed b the accused were: (Set forth a sumery of the facts sufficient to advise the defadnt of the nature of the offense dmrgod. A citation to the statue allegedly violated without pore, Is net wfficiont. In a ummry case, you asst cite the specific section ad ulsection of the statute or ordinrse allegedly violated.) The Def. did violate an order issued under the Protection from Abuse Act F.R. 1992-512 dated 06/04/92, by the Court of Comnon Pleas of Cumberland County. The PFA N699-6198, Civil Term was issued by the Honorable Judge George E Hoffer. To wit the Def did call the residence of the victim and leave several messages on her answering machine, which is in violation of papagraph 11 3 of this order. (Continbation of 2.) Defendant Name: ALLEN PECK Docket Number. POLICE CRIMINAL COMPLAINT 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 t. 6113 of the DR 1 (Sect Ion) (Sub-Section) (PA Statute) (counts) 2. of the (Section) (Sub-Section) (PA Statute) (counts) 3. of the (Section) (Sub-Section) (PA Statute) (counts) G, of the (Section) (Sub-Section) (PA Statute) (counts) 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 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, and belief. This verification is made subject to the penalties of Section 4904 of the Crimes de( 8 4904) relating to unsworn falsification to authorities. , /i•iJ , 19 9F AND NOW, on this date '19 , I certify the complaint has bee" properly completed and verified. An affidavit u o probable cause must be completM in order for a warrant to issue. MARSHA RENEA THOMPSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff for herself and on behalf of her minor children, : CUMBERLAND COUNTY, PENNSYLVANIA DAKARRA MAE THOMPSON, and J.T. ALLEN THOMPSON, VS. : NO. 99-6198 CIVIL TERM ALLEN TROY PECK, Defendant : PROTECTION FROM ABUSE Defendant's Name: ALLEN TROY PECK Defendant's Date of Birth: 03/27/68 Defendant's Social Security Number: 175-644075 Names of Protected Persons: MARSHA RENEA THOMPSON, Plaintiff and her minor children, DAKARRA MAE THOMPSON J.T. ALLEN TH N AND NOW, this d y of jurisdiction over the parties and the ADJUDGED, and DECREED as follows: October, 1999, the court having subject-matter, it is ORDERED, Plaintiff, Marsha Renea Thompson, is represented by Joan Carey of Legal Services, Inc.; Defendant, Allen Troy Peck, is unrcprescnted, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff's request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintiffs request for a Final Protection Order is denied. 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. rV\ Lnv 2. Defendant is completely evicted and excluded from the residence at Countryside Mobile Home Park, 9 Robin Drive, Shippensburg, Cumberland County, Pennsylvania, or any other residence Plaintiff may, in the future, establish for herself. Exclusive possession of the residence is granted to Plaintiff, who owns the property with her father. Defendant shall have no right or privilege to enter or be present on the premises. ? On _at _.m., Defendant mayentcrthc rcsidcnceto retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff and/or her minor children at any location, including, but not limited to, any contact at Plaintiffs current residence, and any other residence she may, in the future, establish for herself, and/or at her place of employment, the children's schools, or the day care facility of the minor children, except for the limited purpose of transferring custody of the parties' minor child, Sheldon Kane Peck. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence: Countryside Mobile Home Park, 9 Robin Drive, Shippensburg, Cumberland County, Pennsylvania Plaintiff's place of employment: Raskas, 208 East Dykeman Street, Shippensburg, Cumberland County, Pennsylvania. Day care facility of the minor children: the residence of Anna Allen, 29 Newville Road, Shippensburg, Cumberland County, Pennsylvania. Defendant is permitted to go to this location for the limited purpose of transferring custody of the parties' minor child, Sheldon Kane Peck. School of Plaintiff's minor children: James Burd Elementary School, 600 Brad Street, Shippensburg, Cumberland County, Pennsylvania. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. 5. Custody of the parties' minor child, Sheldon Kane Peck, shall be as follows: Plaintiff shall have primary physical custody of the minor child. Defendant shall have partial custody of the child. (See attached Custody Order) Defendant may contact Plaintiff for the limited purpose of communicating information in the event of an emergency concerning their minor child. All other communication regarding custody arrangements for the child shall be conveyed through the child's current day care provider, Anna Allen, or other third party designated by Plaintiff. The local law enforcement agency in the jurisdiction where the minor child Is located shall ensure that the child is placed in the care and control of Plaintiff In accordance with the terms of this Order. 0 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following firearms and/or specific weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/rcn: 0 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms and/or specific weapons for the duration of this Order. Any firearms and/or weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. 8. The following additional relief is granted as authorized by §6108 of this 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 finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or her minor children. Defendant is enjoined from damaging or destroying any property owned by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives or her minor children. 9. Defendant is directed to pay temporary support for the parties' minor child, Sheldon Kane Peck, as follows pending further Order of Court: Defendant shall make payments of $50.00 per week, in the form of a money order made payable to Plaintiff, mailed to her mailing address. Payments shall commence on Monday, October 25,1999, and each Monday thereafter until the time of a scheduled support conference. This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments In the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action arc waived as to Plaintiff and imposed on Defendant. 0 11. Defendant shall pay $87.60 to Plaintiff as compensation for Plaintiff's out-of- pocket losses, which are as follows: lost wages as a result of the incident which occured on or about October 2, 1999. Defendant shall pay Plaintiff the total amount of losses of S87.60 within 45 days of the entry of this Order. ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to_ requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ? 12. BRADY INDICATOR ? 1. The Plaintiff or protected persons is a spouse, former spouse, a person who colrabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. ? 2. This Order isbcingentercdallcrohcadngofwhich Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected persons. ? 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected persons OR ? The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. Ov 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER AND ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire one year from the date this Order is entered. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE 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. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES 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 AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintifrs residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs I through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Ordcrorduring prior incidents of abuse. The Cumberland County Sheriffs Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shell 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 Plaintiff, Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. This Order is entered pursuant to the consent of Plaintiff and Defendant: a tm. dhamm& Marsha Renea Thompson, Plaintiff --,Oo& -5??'z Vot Allen Troy Peck, efendant J Carey, Attorney fo laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 MARSHA RENEA THOMPSON, Plaintiff for herself and on behalf of her minor children, DAKARRA MAE THOMPSON, and J.T. ALLEN THOMPSON, VS. ALIEN TROY PECK, Defendant IN T14E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6198 CIVIL TERM : PROTECTION FROM ABUSE STODY ORDER AND NOW, this day of October, 1999, pending further Order of Court the following schedule is entered by consent of the parties with regard to custody of the parties' minor child, Sheldon Kane Peck, born May 10, 1997. Plaintiff, hereinafter referred to as the mother, and Defendant, hereinafter referred to as the father, shall share legal custody of the child. 2. The mother shall have primary physical custody of the child. The father shall have partial custody of the child as follows: a) Alternating weekends from Friday at 2:30 p.m. until Monday at 5:45 a.m. b) An overnight period with the child on the Thursday following father's weekend from 2:30 p.m. until Friday at 5:45 a.m. C) At other times mutually agreed upon by the parties. d) The father shall pick up and drop off the child at the home of Anna Allen, the child's day care provider, at 29 Newvillc Road, Shippensburg, Pennsylvania, unless another location is mutually agreed upon by the parties. c) The father shall communicate any information regarding custody of the child through Anna Allen, or another third party designated by the mother. 3. The parties shall alternate the following holidays from 9:00 a.m. until 7:00 p.m.: New Years, Faster, Memorial Day, July 4th, and Labor Day. The mother shall commence the schedule having the child on New Year's Day, in 2000. 4. The parties shall share the Thanksgiving Day holiday with the father having the child from 10:00 a.m. until 3:00 p.m. and the mother shall have the child from 3:00 p.m. If the father's Thursday visit occurs on Thanksgiving, he shall have the child from Thursday at 8:00 p.m. until the following morning at 5:45 a.m. 5. The father and mother shall alternate the Christmas holiday with one parent having the child on Christmas Eve from noon until Christmas Day at noon, and the other parent having the child from noon on Christmas Day until December 26th at noon. The father shall have the child for the segment beginning Christmas Eve in 1999, and odd years thereafter, and the mother shall have the child this segment in the even years. 6. The mother shall have the child on Mother's Day from 9:00 a.m. until 8:00 p.m., and the father shall have the child from 9:00 a.m. until 8:00 p.m. on Father's Day, unless it is the respective parents' weekend when the child shall remain in her or his care after 8:00 p.m. 7. The father shall have the right to partial custody of the child for two weeks of each summer. The father shall give the mother two weeks notice as to when his period of summer custody will take place. The mother shall have the right to have the child on weekends during that time unless the father takes the child on a vacation trip including weekends. The mother also has the right to take the child on a summer vacation including a maximum of two weekends. During their periods of vacation with the child, the parties' shall provide an address and telephone number where they can be reached with the child. 8. The motherand father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further Order of Court. 9. Thcre shall be reasonable notice given to the other party if a scheduled period of partial custody needs to be cancelled or modified and a make-up period shall be offered within a reasonable time frame. 10. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 11. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the five and natural development of the child's love or respect for the other parent. This Order is entered pursuant to the consent of Plaintiff and Defendant: Marsha Renea Thompson, Plaintiff Allen Troy Peck cfcndant ANCZarcy, Attomc or Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 By the Court, OF PFA CONTEMPT CA NAME SE ?92L12 p K COL YAry3sA c mrn&\P I4Amw Ah-R? 9-_?obt,? ?r%ye ti'?pppp?Y.sbU?9 . Pa la-l" -- BALANCE DUL: S 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAMe PfOj_ ar4 oF?iCC ADDRESS CI NAME ADDRESS VICTIM'S NAME: rm 10.ys\t\a. Rene a -M?111D 9nn ADD S S $ $ 10.00 $ 15.00 DELETE S S S s S $ 45.50 STATE S s ZIP S CITY STATE ZIP NAME $ S ADDRESS CITY STATE ZIP PROTHONOTARY OFFICE PERSON CERTIFYING INFORMATION DATE 4ZL7 - 9_? MARSHA RENEA THOMPSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 99-6198 CIVIL ALLEN TROY PECK, : PROTECTION FROM ABUSE Defendant : IN RE: INDIRECT CRIMINAL CONTEMPT AND NOW, November 3C, 1999, Allen Troy Peck, having appeared in open court together with the Public Defender, Ellen K. Barry, Esquire, on a petition alleging indirect criminal contempt of the PFA order dated October 28, 1999, and the defendant having admitted the allegations of the complaint, we do find the complaint to be supported beyond a reasonable doubt, consequently, we find the defendant to be in contempt of court. Defense counsel and the District Attorney having suggested a sentence to the Court, the Court does accept their recommendation and the Court directs that the defendant shall be placed on probation for a period of six months with supervision by the Probation Office on condition that he pay any costs of prosecution associated with this case, and that he obey all the terms of the PFA order to which he previously agreed on October 28, 1999. Mary-Jo Mullen, Esquire Assistant District Attorney Ellen K. Barry, Esquire First Assistant Public Defender (? _ fiM Lae( 2j 17 1 .b P. Legal Services, Inc. Probation Office :mtf By the Court, N. -? ? ? ;TAff G- 990c?'? Pt1 1:59 coul'm SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-06198 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THOMPSON MARSHA RENEA VS. PECK ALLEN TROY R. Thomas 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: PECK ALLEN TROY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania. to serve the within PROTECTION FROM ABUSE On October 27th, 1999 , this office was in receipt of the attached return from FRANKLIN County, Pennsylvania. Sheriff's Costs: So answers S. Docketing 18.00 Out of County 9.00 Surcharge 8.00 S Dep. Franklin Cc 25.75 10/27/1999 Sworn and subscribed to before me this 09" day of4a1t,,..Q, . 19 99 A.D. SHERIFF'S RETURN - REGULAR t CASE NO: 1999-06198 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN THOMPSON MARSHA VS. PECK ALLEN TROY ROBERT C MURRAY , Sheriff or Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within ABUSE was served upon PECK ALLEN TROY the DEFENDANT , at 1100:00 HOURS, on the 19th day of October , 1999 at INGERSOLL RAND 312 INGERSOLL DR SHIPPENSBURG PA 17257 ,FRANKLIN , County, Pennsylvania, by handing to ALLEN TROY PECK-INGERSOLL RAND 312 INGERSOLL DR SHIPPENSBURG a true and attested copy of the ABUSE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Dock@ting Service Affidavit Surcharge Mileage So answers: Kann wunrixuNu, Sheriff 00/00/0000 by ? ice1 Deputy blIVILL Sworn and subscribed to before me 9.00 9.00 4.00 6.38 8 this 19TH day of OCTOBER In' The Court of Common Pleas of Cumberland County, Pennsylvania Marsha Renee Thompson, et. al. VS. Allen Troy Peck No. 99-6198 Civil Now, lo/ii/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. County, PA Sworn and subscribed before me this _ day of , 19 19_, at o'clock M. served the copy of the original COSTS SERVICE _ MILEAGE- AFFIDAVIT $ • In The Court of Common Pleas of Cumberland County, Pennsylvania Marsha Renea ThoVFon, et al Allen Troy Peck No. 99-6198 Civil Term Now, Oct. 15, 1999 , 19_,1, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of rranklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to _ a and made known to So answers, the contents thereof. Sheriff of County, PA Sworn and subscribed before me this _ day of , 19 19_, at o'clock M. served the copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT