HomeMy WebLinkAbout95-03967
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Peggy Peck,
plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- '.'}'(.,) CIVIL TERM
Larry A. Peck, Sr.,
Defendant
PROTECTION FROM ABUSE
C 0
AND NOW, this
July, 1995, upon presentation
nnd consideration of the within Petition, and upon finding that
the plaintiff, Peggy Peck, now residing at 2615 N. Rosegarden
Blvd., Mechanicsburg, cumberland county, Pennsylvania, is in
immediate and present danger of abuse from the defendant, Larry
A. Peck, sr., the following Temporary Order is entered.
The defendant, Larry A. Peck, sr., (SSN: 179-44-9862)
(C.O.B.: 08/25/52) now residing at 2615 N. Rosegarden Blvd,
Mechanicsburg, Cumberland county, Pennsylvania, is hereby
enjoined from physically abusing the plaintiff, Peggy PecK, or
placing her in fear of abuse.
The defendant is excluded from the plaintiff's residence
located at 2615 N. Rosegarden Blvd., Mechanicsburg, Cumberland
county, Pennsylvania, a residence which is jointly owned by the
entireties.
The defendant is ordered to refrain from having any direct
or indirect contact with the plaintiff including, but not limited
to, telephone and written communications.
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives.
The defendant is enjoined from entering the plaintiff's
place of employment.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties
or owned solely by the plaintiff.
A violation of thia Ordar .ay subject the dafendant tOI i)
arrest under 23 Pa. C.8. 51113; ii) a private criminal co.plaint
under 23 Pa. C.8. 51113.1; iii) a charge of indirect oriainal
aonteapt under 23 Pa. C.8. 51114, punishable by i.prisonaent up
to aix .onths end a fine of tl00.00-tl,000.00; and iv) civil
cODteapt under 23 Pa. C.8. 51114.1. aesuaptioD of co-residence
on the part of the plaintiff aDd defendant shall not nullify the
proviaions of the court order.
This Order shall remain in effect until modified or
terminated by the Court after notice or hearing and can be
extended beyond its original expiration date if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
This Order shall remain in effect until modified or
terminated by the court after
notice or hearing. A
l ('/'L- Iki...~r
day of , -1.995,
hearing shall
at ?'. U l1tft.,
be held on this matter on the
in Courtroom No. ~, Cumberland
County Courthouse, Carlisle,
Pennsylvania.
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing.
The cumberland county sheriff's Department shall attempt to
make service at the 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 the defendant
by mail.
The East Pennsboro police Department and the Upper Allen
police Department shall be provided with a certified copy of this
Order by the plaintiff's attorney. This Order shall be enforced
by any law enforcement agency where a violation occurs by arrest
for indirect criminal contempt without warrant upon probable
cause that this Order has been violated, whether or not the
violation is committed in the presence of the police officer. In
the event that an arrest is made, under this section, the
defendant shall be taKen without unnecessary delay before the
court that issued the order. When that court is unavailable, the
defendant shall be taken before the appropriate district justice.
(23 P.S. S 6113).
Judge
-
-.:.,. .-..~....- -.."7.....-
'-,'':'
Peggy Peck,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
.
.
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-
CIVIL TERM
Larry A. Peck, sr.,
Defendant
PROTECTION FROM ABUSE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action promptly after this Petition, Order and Notice are
served, by appearing personally or by attorney at the hearing scheduled by the Court and
presenting to the Court your defenses or objections to the claims set forth against you. You
are warned that if you fail to do so the Court may proceed without you, and a judgment may
be entered against you by the Court without further notice for any money claimed in the
Petition or for any other claim or relief requested by the plaintiff. You may lose money or
property or other rights important to you.
FEES AND COSTS
If the case goes to hearing and the judge grants a Protection Order, a surcharge of
525.00 will be assessed against you. You may also be required to pay allorney fees to Legal
Services, Inc. for their representation of the plaintiff.
You should take this paper to your lawyer at once. rr you do not have a lawyer
or cannot afford one, 10 to or telephone the office set forth below to nnd out where you
can aet leaal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
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.
Peggy Peck,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
Larry A. Peck, Sr.,
Defendant
NO. 95-
CIVIL TERM
PROTECTION FROM ABUSE
PETITION rOR PROTECTION ORDER
RELlEr UNDER THE PROTECTION rROM ABUSE
ACT, 23 P.S. S '101 et .eq.
A. ABUSE
1. The plaintiff, Peggy Peck, is an adult individual
residing at 2615 N. Rosegarden Blvd., Mechanicsburg, Cumberland
County, Pennsylvania 17055.
2. The defendant, Larry A. PeCK, Sr., (SSN: 179-44-9862)
(D.O.B.: 08/25/52), is an adult individual residing at 2615 N.
Rosegarden Blvd., Mechanicsburg, Cumberland County, Pennsylvania,
17055.
/
r
3.
The defendant is the husband of the plaintiff.
Since approximately 1989, the defendant has attempted
4.
to cause and has intentionally, knowingly, or recklessly cau.ed
bodily injury to the plaintiff, has placed the plaintiff in
reasonable fear of imminent serious bodily injury, and ha.
knowingly engaged in a course of conduct or repeatedly committed
acts toward the plaintiff under circumstances which have placed
the plaintiff in reasonable fear of bodily injury. Thi. haa
included, but is not limited to, the following specific in.tana..
of abuse:
a) On or about July 13, 1995, the defendant became
angry with the plaintiff and screamed at her, with his
face inches from hers. The defendant slapped the
plaintiff across her face, causing the plaintiff to hit
the side of the refrigerator with such force that her
glasses fell off. When the plaintiff reached for the
telephone to dial 911, the defendant grabbed the
plaintiff's arm, disconnected the phone, screamed at
the plaintiff and shoved her, causing her to fall into
a table and a chair. The defendant grabbed the
plaintiff by her arm and pulled her up off of the
floor. When the plaintiff tried to reach for the phone
again to dial 911, the defendant went to the basement
and disconnected the phone. Fearing for her safety,
the plaintiff ran to a neighbor's house and called the
police.
As a result of the defendant's abuse, the
plaintiff suffered bruises on her arms and buttOCKS and
soreness about her neCK.
b) Since 1989, the defendant has abused the plaintiff
repeatedly, in ways including grabbing her forcibly by
the arms, and slapping her with such force that he
Knocked her glasses off of her face. Such abuse
occurred repeatedly, at times daily, and the plaintiff
fears for her safety because the violence is
escalating.
5. The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant
should she remain in the home without the defendant's exclusion
and that she is in need of protection from such abuse.
6. The plaintiff desires that the defendant be prohibited
from having any direct or indirect contact with the plaintiff
including, but not limited to, telephone and written
communications.
7. The plaintiff desires that the defendant be enjoined
from harassing and stalKing the plaintiff, and from harassing the
plaintiff's relatives.
8. The plaintiff desires that the defendant be restrained
from entering her place of employment.
9. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
jointly by the parties or owned solely by the plaintiff.
B. ZXCLUSIVE POSSESSION
10. The home from which the plaintiff is aSKing the Court
to exclude the defendant is owned in the names of Peggy PecK and
Larry A. Peck, Sr.
11. The plaintiff currently has no place to stay except the
marital home, and the defendant has family and friends in the
area with whom he can stay.
C. SUPPORT
12. The defendant has a duty to support the plaintiff.
13. The plaintiff is in need of financial support from the
defendant including, but not limited to, the mortgage payment on
the residence at 2615 N. Rosegarden Blvd., Mechanicsburg,
pennsylvania.
14. The defendant is employed at Larry MetKa Garage, and
has annual salary of $ 44,000.
15. The plaintiff has an annual income of $22,000 but has
no access to her income because the defendant allows the
plaintiff to keep only $10 to $20 of her salary per week.
Therefore, the plaintiff's income is insufficient to provide for
her minimal needs until such time as a support order can be
obtained by filing at the Domestic Relations Office.
16. The plaintiff has already petitioned for support
through the Domestic Relations Office.
D. ATTORNEY rEES
17. The plaintiff asxs that the defendant be ordered to pay
reasonable attorney fees to Legal Services, Inc.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 P.S. S 6101 rt sea., as
amended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary order pursuant to the
"Protection from Abuse Act:"
1. ordering the defendant to refrain from
abusing the plaintiff and from placing her in fear
of abuse;
2. ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications;
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives;
4. prohibiting the defendant from entering the
plaintiff's place of employment;
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff;
6. Granting possession of the home located at
2615 N. Rosegarden Blvd., Mechanicsburg,
Cumberland county, Pennsylvania, to the plaintiff
to the exclusion of the defendant pending a final
order in this matter;
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future
establish for herself;
B. Schedule a hearing in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearing, enter
an order to be in effect for a period of one year:
1. ordering the defendant to refrain from
abusing the plaintiff and from placing her in fear
of abuse;
2. Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications;
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives ;
4. Prohibiting the defendant from entering the
plaintiff's place of employment;
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff;
6. Granting possession of the home located at
2615 N. Rosegarden Blvd., Mechanicsburg,
Cumberland County, Pennsylvania, to the plaintiff
to the exclusion of the defendant pending a final
order in this matter;
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future
establish for herself;
8. Granting support to the plaintiff in an
appropriate amount according to the support
Peggy Peck,
PlainUf[
IN 'rilE COllRT OF COMMON PI,EAS OF
v.
CUMIlERI,AND COUNT V , PF.NNSVI,VANIA
NO. 95-3967 CIVIL TERM
Larry A. Peck, Sr.,
Defendant
PROTF.CTION FROM AIlUSE
MOTION FOR CONTINUANCE
The plaintiff moves the Court for an Order rescheduling the
hearing in the above-captioned case on the grounds that:
1. A Temporary ProtecLion Order was issued by this Court
on July 26, 1995, scheduling a hearing for August, 4, 1995, at
9:30 a.m.
2. The Cumberland County Sheriff's Department served the
defendant with a certified copy of the Temporary Protection Order
and Petition for Protection Order on July 26, 1995, at
approximatelY 6:00 p.m. at 2615 N. Rosegarden Blvd.,
Mechanicsburg, Pennsylvania.
3. The defendant has retained Tim O'Connell to represent
him in the matter.
4. The plaintiff and the defendant, by and through their
counsel, have agreed to reschedule the hearing date, in order to
afford the parties more time to negotiate a consent agreement.
5. The plaintiff requests that a hearing be scheduled in
this matter.
6. The plalnLHf roquests that the Temporary protection
Order remain in effect [or one year or until modified or
terminated by the court after notice or hearing.
Temporary protection Order remain in effect until further Order
.
of Court.
Respectfully submitted,
y/(.J;j ( 4+'"'w?
PhillP,;firigant)
Joan CareY
Attorney for Piaintiff
LEGAL SERVICES, INC.
H Irvine Row
Carlisle, PA 17013
( 717) 243-9400
for the defendant's clothing, tools and other items of non-
marital property.
1. This urder shall not constftute a final property
settlement.
B. The defondant is oxcluded from the plaintiff's
residence located at 2615 N. Rosegarden Blvd., Mechanicsburg,
Cumberland County, Pennsylvania, except that the defendant shall
be permitted to retrieve the items listed in paragraph "6 on
either August 19, 1995 or August 26, 1995, at 12:00 p.m. The
defendant shall contact the plaintiff's son, Greg Finton, to
confirm the date and time that the defendant will be retrieving
his belongings.
9. The defendant shall have exclusive possession of the
parties' camper, located at Kennedy Valley Campground,
Landisburg, Perry County, Pennsylvania.
10. The defendant is ordered to stay away from any
residence the plaintiff may in the future establish for herself.
11. The defendant is ordered to pay support to the
plaintiff in the amount of $100.00 per week, payable to the
plaintiff in the form of a check or money order, mailed to her
residence. The defendant's payments of $100.00 shall be entered
as a Support Order by the Domestic Relations Office, with the
understanding that the agreement made between the parties
regarding the amount of the defendant's support payments was
reached without veriffcation of either party's income.
12. Court costs and fees are waived.
13. This Order shall remain in effect for a period of one
(1) year and can be extended beyond that time if the Court finds
that the defendant has committed an act of abuse or has engaged
in a pattern or practice that indicates risk of harm to the
plaintiff on a continued basis. This Order shall be enforceable
in the same manner as the Court's prior Temporary Protection
Order entered in this case.
14. This Order may subject the defendant to: i) arrest
under 23 Pa. C.S. ~6113; ii) a private criminal complaint under
23 Pa. C.S. ~6113.1; iii) a charge of indirect criminal contempt
under 23 Pa. C.S. ~6114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa. C.S. ~6114.1. Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
15. The East pennsboro Police Department and the Upper
Allen Police Department shall both be provided with a certified
copy of this Order by the plaintiff's attorney and may enforce
this Order by arrest for indirect criminal contempt without
warrant upon probable cause that this Order has been violated,
whether or not the violation is committed in the presence of the
pOlice officer. In the event that an arrest is made under this
section, the defendant shall be taken without unnecessary delay
before the court that issued the order. When that court is
L.ECAL. SERVICES, INC.
243e026
P.07
Peggy Peck,
Pla1ntiff
v.
IN TH~ COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- 3967 CIVIL TERM
PROTECTION FROM ABUSE
Larry A. Peck, Sr.,
Defendant
COISBIft AGUIUOlIT
This Agreement is entered on this _;28ib-aay of August,
1995, by the plaintiff, Peggy Peck, and the defendant, Larry A.
Peck, Sr. The pla1ntiff il represented by Joan Carey of LEGAL
SERVICES, INC.; the defendant is reprelented by Ti.othy J.
O'Connell of Turner and O'Connell. The parties agree that the
following aay be entered al an Order of Court.
1. The defendant, Larry A. Peck, Sr., agree. to refrain
fro. abusing the plaintiff, Peggy Peck, and from placing her in
fear of abuse.
2. The defendant agrees not to have any direct or ind1rect
contact with the plaintiff including, but not limited to,
telephone and written communications.
3. The defendant agrees not to hara.. and .talk the
plaintiff and harass the plaintiff'. relativel.
4. The defendant agrees not to enter the plaintiff's place
of employment.
5. The defendant ayre.s not to damage, destroy, or sell
any property owned by the plaintiff or jointly owned by the
parties.
6. The defendant agrees not to remove any property owned by
the plaintiff or jointly owned by the parties, eKcept for the
L.ECAL. SERVICES, INC.
243eB26
p.Be
defendant'. clothing, tools and other items of non-marital
pro~erty.
7. The plaintiff and the d.fendant understand that this
agreement is not a final ~roperty settle.ent.
8. The defendant agrees that the pla1ntiff shall have
exclusive possession of the residence located at 2615 N.
Roa.garden Blvd., Mechanic,burg. p.nnsylvania, except that the
defendant shall be peraitted to retrieve the it..s listed in
paragraph .6 on .ither August 19, 1995 or August 26, 1995, at
12:00 p.m. The defendant agrees that h. will contact the
plaintiff's son. Greg Finton, to confirm the date and time that
the d.fendant will be retriev1ng hi. b.longings.
9. The plaintiff agrees that the defendant shall have
..clusive posae,slon of the p.rti..' ca.per, located at Kennedy
Valley Campground, Landiaburg, Perry County, Pennsylvania.
10. Th. defendant agr.e. to stay away froe any re.idence
the plaintiff ..Y in the future establiah for her..lf.
11. The defendant agrees to pay support to the plaintiff
in the amount of '100.00 per w..k, payable to the plaintiff in
the form of a check or .oney order by .ail, and tb.t this a.ount
shall be ent.red as a support Order by the Do..stic .elation.
Office. Tb. parties understand that th.ir .gr....nt regarding
the amount of the defendant's support pay..nt. wa. r.ached
without v.rific.tion of eith.r p.rty'. inco...
lZ. The defendant, although .ntering into this Agr....nt.
does not admit the allegations .ade in the petition.
L.ECAL. SERVICES. INC.
24:se1l26
P.1I9
13. The defend~nt understands that the Protection Order
entered in this .~tter will be 1n effect for a period of one (1)
year and can be extended beyond that time if the Court finds that
the defendant has committed an act of abuse or has engaged in a
pattern or practice that indicates risk of harm to the plaintiff
on a continued basis. The defendant understands that this Order
will be enforceable in the same manner as the Court's prior
Te.porary Protection Order entered in this case.
14. The defendant understands that a violation of the
Protect1on Order may subject the defendant to: i) arrest under 23
Pa. C.S. 66113; ii) a private criminal complaint under 23 Pat
C.S. 16113.1; iii) a charge of indirect criminal cont..pt under
23 fa. C.s. 16114, puniShable by imprisonment up to six months
and a fine of $100.00-,1,000.00; and 1v) civil conte.pt under 23
Pa. C.S. 66114.1.
WHEREFORE, the parties reque.t that a Protection Order be
entered to reflect the above term..
~C\~ \Y.('c'C _
Peggy Peck, Plaintiff
fJ
Peck, Sr., Def.nd.~
klY.2..4a1KL ... iML.-..-
JcM{n Carey
Attorney fo Plaintiff
LKGAL S-RYICBS, I.C.
8 Irvine Row
CarliSle, PA 17013
(717) 243-9400
~~~e.u ~-_.
~~~endant
~URKI. & O'COIWBLL
258 North Str.et
P.O. Box 1123
HarriSburg, PA 17108-1123
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PEGGY PECK,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3967 CIVIL TERM
LARRY A. PECK, SR.,
Defendant
PROTECTION FROM ABUSE
AND NOW,
NODIrIC~. or PROTICTION ORDIR
this 11 r ~y of October, 1995, upon
consideration
of the stipulation of the parties, the Protection Order of August
30, 1995, is modified as follows:
1. Paragraph 2 is deleted and replaced with the following:
The defendant is enjoined from having any
direct or indirect contact with plaintiff
without her consent, including but not limited
to telephone and written communications.
2. ~aragraph 15 shall be amended to read:
15. The East Pennsboro Police Department and
Upper Allen Township Police Department shall
both be provided with a copy of this Order by
plaintiff's attorney and may enforce this
order by arrest for indirect criminal contempt
upon probable cause that this order has been
violated and upon the complaint of plaintiff.
By the Court:
; J.
56, H'J 2r, n. D I 130
PEGGY PECK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3967 CIVIL TERM
v.
LARRY A. PECK, SR.,
Defendant
PROTECTION FROM ABUSE
NOTION TO KODI.Y PROTICTION ORDIR
AND NOW comes the defendant, Larry A. Peck, Sr., who through
his counsel Timothy J. O'Connell, Esquire, respectfully submits as
follows:
1. On July 26, 1995, a temporary protection order was issued
by this court against the defendant.
2. On August 28, 1995, plaintiff and defendant entered into
a consent agreement whereby the terms of the protection order were
agreed upon and which was incorporated into a protection order
signed by this court and dated August 30, 1995. A true and correct
copy of said order is attached hereto and marked Exhibit A.
3. On October 10, 1995, the plaintiff and defendant met with
their respective attorneys in the office of plaintiff's attorney
for the purpose of discussing a reconciliation.
4. It was agreed by the parties at that time that the
protection order should be modified to allow consensual contact
between the parties without riSking a violation of the protection
order.
5. On October 12, 1995, the parties signed a stipulation to
modify the protection order. Said stipulation is attached hereto
~ertific.te of service
I, Timothy J. o'connell, hereby certify that I served a true
and correct copy of the foregoing Motion to Modify protection order
by placing a copy thereof in the united states mail, first class
postage prepaid, addressed as follows:
Richard s. Friedman, Esquire
600 North second street
Harrisburg, PA 17101
Date: october 16, 1995
TURNER' 'CONNELL
258 North street
Harrisburg, PA l7l0l
(7l7) 232-455l
AUG .:"/
Peggy Peck,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- 3967 CIVIL TERM
Larry A. Peck, Sr.,
Defendant PROTECTION FROM ABUSE
PROTBCTION ORDBR
AND NOW, this 3t.dvday of August, 1995, upon consideration
of the Consent Agreement of the parties, the fOllowing Order is
entered:
1. The defendant, Larry A. Peck, Sr., is enjoined from
physically abusing the plaintiff, Peggy Peck, and from placing
her in fear of abuse.
2. The defendant is enjoined from having any direct or
indirect contact with the plaintiff including, but not li.ited
to, telephone and written communications.
3. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
4. The defendant is prohibited from entering the
plaintiff's place of employment.
5. The defendant is prohibited from damaging, destroying
or selling any property owned by the plaintiff or jointly owned
by the parties.
6. The defendant is prohibited from removing any property
owned by the plaintiff or Jointly owned by the parties, except
, /'"
I " ~
), ,...
..1
for the defendant's clothing, tools and other items of non-
marital property.
7. This Order shall not constitute a final property
settlement.
8. The defendant is excluded from the plaintiff's
residence located at 2615 N. Rosegarden Blvd., Mechanicsburg,
Cumberland County, Pennsylvania, except that the defendant shall
be permitted to retrieve the items listed in paragraph .6 on
either August 19, 1995 or August 26, 1995, at 12:00 p.m. The
defendant shall contact the plaintiff's son, Greg Finton, to
confirm the date and time that the defendant will be retrieving
his belongings.
9. The defendant shall have exclusive possession of the
parties' camper, located at Kennedy Valley Campground,
Landisburg, Perry County, Pennsylvania.
10. The defendant is ordered to stay away from any
residence the plaintiff may in the future establish for herself.
11. The defendant is ordered to pay support to the
plaintiff in the amount of $100.00 per week, payable to the
plaintiff in the form of a check or money order, mailed to her
residence. The defendant's payments of $100.00 shall be entered
as a Support Order by the Domestic Relations Office, with the
understanding that the agreement made between the parties
regarding the amount of the defendant's support payments was
reached without verification of either party's income.
12. Court costs and fees are waived.
13. This Order shall remain in effect for a period of one
(1) year and can be extended beyond that time if the Court finds
that the defendant has committed an act of abuse or has engaged
in a pattern or practice that indicates risk of harm to the
plaintiff on a continued basis. This Order shall be enforceable
in the same manner as the Court's prior Temporary Protection
Order entered in this case.
14. This Order may sUhject the defendant to: i) arrest
under 23 Pa. C.S. 66113; ii) a private criminal complaint under
23 Pat C.S. 66113.1; iii) a charge of indirect criminal contempt
under 23 Pat C.S. 66114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pat C.S. 66114.1. Resumption of co-residence on the
part of the plaintiff and defendant shall not nUllify the
provisions of the court order.
15. The East Pennsboro Police Department and the Upper
Allen Police Department shall both be provided with a certified
copy of this Order by the plaintiff's attorney and may enforce
this Order by arrest for indirect criminal contempt without
warrant upon probable cause that this Order has been violated,
whether or not the violation is committed in the presence of the
police officer. In the event that an arrest is made under this
section, the defendant shall be taken without unnecessary delay
before the court that issued the order. When that court is
L.ECAL. IIERYICES. INC.
24.111126
".e7
.
Peggy Peek,
11atnUff
IN 'I'HZ COURT OF COMMON PLIAS OP
CUHBULAlfD COUNTY I PEIOfSYLVAHIA
NO. 95- 3967 CIVIL TIRH
.
.
PROTECTION FROM ABUSE
v.
Larry A. Peck, Sr.,
Defendant
CQ.II~ AI.:..._......
This Agree.ent i. entered on tbi. _w2Bib-aay of August,
1995, by tbe pla1nt1ff, Peggy Peck, and the defendant, Larry A.
Peek, Sr. The plaintiff i. repre.ented by Joan Carey of LEGAL
SlaVICBI, INC.; the defendant 1. repre.ented by Tl.uthy J.
O'Connell of TUrner and O'Connell. the partie. agr.. that the
follow1ng .ay be entered a. an Order of Court.
1. The defendant, Larry A. Peck, Sr., agree. to refra1n
fro. abusing the pla1nt1ff. Peggy Peok, and from plaoing bel' in
fear of abu.e.
2. the defendant agree. not to have any d1rect or indirect
contact with the Plaintiff includ1ng, but not l1aited to,
telephone and wr1tten Co..un1cat1on..
3. The defendant agree. not to hara.. and .talk the
pla1ntiff and hara.. the plaintiff'. relat1ve..
4. The defendant agree. not to enter the plaintiff'. place
of "Ployaent.
5. Tbe defendant agree. not to d...ge, de.troy, or .ell
any property owned by the plaintiff or jOintly owned by the
partie..
6. Tbe defendant agree. not to rellove any property owned br
the Plaintiff or Jointly owned by the partie., eKoept for the
L.EGAL. SERVICES. INC.
24~eR26
p.Re
defendant's clothing, tool. and other iteas of non-marital
property.
7. The plaintiff and the defendant understand that this
agree.ent is not a final property .ettle.ent.
8. The defendant agrees that th~ ~l;"~~tiff shall have
ezcluaive possea.ion of the residence located at 2615 N.
Roaegarden Blvd., Mechanic.burg, Pennsylvania, except that tbe
defendant shall be per.itted to retrieve the it... li.ted in
paragraph '6 on eitber Augu.t 19, 1995 or Auguat 26, 1995, at
12:00 p... The defendant agrees that he will contact the
plaintiff'. son, Greg Pinton, to confirm the date and time that
tbe d.fendant will be retri.ving bi. belonging..
9. The plaintiff agrees that the d.fend.nt sb.ll have
..elusive po.....ion of the parties' c..per, located at K.nnedy
Valley Caapground, Landisburg, Perry County, P.nn.ylvania.
10. ~he d.fendant agr.es to .tay away fro. any re.id.nc.
the plaintiff .ay in the future ..tabli.h for h.r.elf.
11. Th. d.f.nd.nt agrees to pay support to tbe plaintiff
in the ..aunt cf '100.00 per W..k, payable to the plaintiff in
the fora of a check or .oney order by ..i1, .nd th.t this a.ount
.h.ll b. ent.r.d a. a Support Ord.r by the Do...tic ..lation.
Office. Th. p.rti.. und.r.tand that their .gr....nt regarding
the a.ount of the defendant's support pay..nts wa. r.ach.d
without v.rific.tioD at .ith.r party'. inco.e.
12. The def.ndant, although .ntering into this Agr....nt,
do.. not admit the allegation. .ade in the Petition.
.
L.ECAL. .ERVICL~, INC.
2481i11126
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13. Thlil defendant underat.nda th.t the Prot.ction Order
entered in this .atter will blil In effect tor a period of one (1)
ye.r end can be extendlild beyond th.t time if the Court finds th.t
the defend.nt has co..itted an act of abuse or ha. engaglild in .
r..ttern or practice that indicates risk of I~rm to the plaintiff
on a continued basis. !h. defendant underatands tbat this Order
~"por.ry Prot.ction Order ent.red in this c....
will be enforclilable in the .... .annar .s the Court's prior
14. ~be defendant underst.nd. tbat a violat10n of the
Protection Order .ay Subject the defend.nt to: 1) arr..t und.r 23
Pa. C.S. g6113; ii) a privat. criain.l eo.plaint under 23 Pa.
C.S. 16113.1; iii) a Charge of indirect cri.inal cont"pt under
23 ,.. C.S. 16114, puniahable by Iapriaonaent up to .ia .oaths
and a fine of ,100.00-,1,000.00: aad iv) civil cont.apt under 23
Pa. C.S. g6114.1.
WHEREFORE, the p.rtie. reque.t that . Protect10n Order be
entered to r.flect the above term..
~Q.~ G~C.C
Peggy Peck, Plaintiff
k:a.~~_.,pML..._
~r.y
Attorney fo Plaintiff
1.1rI:I." a.RVICBS, IIIe.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
17108-1123
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PEGGY PECK, I IN THE COURT OF COMMON PLEAS
P1ainti!! .
.
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 95-3967 CIVIL TERM
LARRY A. PECK, SR.,
Defendant . PROTECTION FROM ABUSE
.
DI8NI~ O. PRCT.OTIO. ORD.R
AND NOW, this~ day of November, 1995, Upon consideration
of the stipulation of the parties dated November 8, 1995, the
protection order of August 30, 1995, as modified by the order of
October 17, 1995, is hereby dismissed.
By the Court:
J.
n/IVI,1ISH!13d
UHfl{l:l <:t,\, ~':-::!;I.,nO
,~\frL,:l(.H~ld(,j ..lHi 1:1
iUIHo'On,
56. Hd L ~ r. I Z ADN
.
EXHIBIT A
PEGGY PECK,
plaintiff
IN THE COURT OF cOMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3967 CIVIL TERM
PROTECTION FROM ABUSE
v.
LARRY A. PECK, SR.,
Defendant
MOTION TO MODIry PROTECTION ORDER
AND NOW comes the defendant, Larry A. peck, sr., who through
his counsel Timothy J. o'connell, Esquire, respectfully submits as
follows:
1. on July 26, 1995, a temporary protection order was issued
by this court against the defendant.
2. On August 28, 1995, plaintiff and defendant entered into
a consent agreement whereby the terms of the protection order were
agreed upon and which was incorporated into a protection order
signed by this court and dated August 30, 1995. A true and correct
copy of said order is attached hereto and marked Exhibit A.
3. On October 10, 1995, the plaintiff and defendant met with
their respective attorneys in the office of plaintiff's attorney
for the purpose of discussing a reconciliation.
4. It was agreed by the parties at that time that the
protection order should be modified to allow consensual contact
between the parties without risking a violation of the protection
order.
5. On October 12, 1995, the parties signed a stipulation to
modify the protection order. said stipulation is attached hereto
and marKed Exhibit B.
6. Both plaintiff and defendant desire that the protection
order be modified as set forth in their stipulation.
WHEREFORE, defendant requests this court modify the protection
order as set forth herein.
Respectfully sUbmitted,
:,1~~elt.
Turner and O'Connell
258 North Street
P. O. Box 1123
Harrisburg, PA 17108
(717) 232-4551
-
Esquire
,"
13. This Order shall remain in effect for a period of one
(1) year and can be extended beyond that time if the Court finds
that the defendant has committed an act of abuse or has engaged
in a pattern or practice that indicates risk of harm to the
plaintiff on a continued basis. This Order shall bo enforceable
in the same manner as the Court's prior Temporary Protection
Order entered in this case.
.
14. This Order may subject the defendant to: i) arrest
under 23 Pa. C.S. ~6113; ii) a private criminal complaint under
23 Pa. C.S. ~6113.1; iii) a charge of indirect cri~inal contempt
under 23 Pat C.S. ~6114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pat C.S. ~6114.1. Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
15. The East Pennsboro Police Department and the Upper
Allen Police Department shall both be provided with a certified
copy of this Order by the plaintiff's attorney and may enforce
this Order by arrest for indirect criminal contempt without
warrant upon probable cause that this Order has been violated.
whether or not the violation is committed in the presence of the
pOlice officer. In the event that an arrest is made under this
section. the defendant shall be taken without unnecessary delay
before the court that issued the order. When that court is
L.KCAL. SERVICES. INC.
2438826
~..7
Peggy Peck,
Pla1ntiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- 3967 CIVIL TIRM
PROTECTION FROM ABUSE
v.
Larry A. Peck, Sr.,
Defendant
CO.SSM! AQRWWNRWT
This Agreement is entered on this _~gib-aay of August,
1995, by the plaintiff, Peggy Peck, and the defendant, Larry A.
Peck, Sr. The plaintiff is represented by Joan Carey of LEGAL
SERVICES, INC.; tbe defendant is represented by Timothy J.
O'Connell of Turn8r and O'Connell. The parties agree that the
follOWing may be entere4 as an Order of Court.
1. The defendant, Larry A. Peck, Sr., agreea to refrain
fro. abusing the plaintiff, Peggy Peck, and fro. plac1ng her in
fear of abuse.
2. The defendant agrees not to have any direct or indirect
contact with the plaintiff including, but not limited to,
telephone and written communications.
3. The defendant agrees not to harass and stalk the
plaintiff and barass the plaintiff's relatives.
4. The defendant agrees not to enter the plaintiff's place
of employment.
5. The defendant agrees not to damage, destroy, or sell
any property owned by the plaintiff or jointly owned by the
parties.
6. The defendant agrees not to remove any property owned by
the plaintiff or jointly owned by the parties, except for the
L.aCAL. SERVICES. INC.
24...26
~...
defendant'. Clothing, tools and othsr ltem. Of aon-marital
property.
7. The Plaintiff aad the defendant UDderstand that this
agree.ent is not a fiaal property .ettlement.
8. The defendant agrees that the;1~~~t1ff .hall have
eXClUSive posses. ion of the residence located at 2615 N.
Ro.egarden BlVd., Mechanic.burg, PennSYlvania, except that the
I
defendant shall be permitted to retrieve the ite.. li.ted in
paragraph -6 on either August 19, 1995 or August 26, 1995, at
12:00 p... The defendant agree. that he will contact the
Pllintlff's SOD, Greg Plnton, to Conflrm the date and time that
the defendant will be retrieving hi. belongings.
9. The plaintiff agree. that the defendant Shall have
..elu.iv. PO.....lon of the partie.' c..per, located at Kennedy
Valley CampgrOUDd, Landisburg, Perry County, Penn.Ylvania.
10. The defendant agrees to stay away froa any residence
the plaintiff may in the future establish for herself.
11. The defendant agrees to pay sUPPort to the Plaintiff
in the amount of '100.00 per Week, payable to the plaintiff in
the form of a check or money order by mail, and that this amount
.hall be ~ntered as a SUPPort Order by the Do.e.tic Relations
Office. The parties under.tand that their agre..ent regarding
the amOUnt of the defendant's support pay.ent. was reached
Without verification ot .ither party'. income.
12. The defendant, although sntering into this Agreement,
does not admit the allegations made in the Petition.
L.ECA~ 8E~VIC~~. INC.
24:111112.
".11"
"
13. The defendant understands that the Protect1on Order
entered in this matter will be in effect for a periOd of one (1)
year and can be extended beyond that tiMe if the Court finds that
the defendant has committed an act of abuse or has engaged in a
~.ttern or practice that indicates risk of I~rm to the plaintiff
on a continued basis. The defendant understands tbat this Order
will be enforceable in the same manner as the Court's prior
"
Temporary Protection Order entered in this case.
14. The defendant understands that a violation of the
Protection Order may subject the defendant to: i) arrest under 23
Pa. C.S. 66113; il) a private criminal complaint under 23 Pa.
C.S. 16113.1; iii) a charge of indirect criminal contempt under
23 Pa. C.S. 16114, punishable by imprisonment up to six months
and a fine of $100.00-'1,000.00; and iv) civil contempt under 23
Pa. C.S. 66114.1.
WHEREFORE, the parties request that a Protection Order be
entered to reflect the above terms.
~a..\.., G.Q.C.C
Peggy Peck, Plaintiff
k:a....t:d..A-,#/-...-
~rey
Attorney fo Plaintiff
LEGAL SBRVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
'co
for Defendant
TURKBR & O'COKNILL
258 North Street
P,O. Box 1123
Harrisburg, PA 17108-1123