HomeMy WebLinkAbout97-04202
@J
Holly L. Burkholder
13c Creekside Lane - - Carlisle, Pennsylvania PA 17013 - USA
Phone 770-8025 - Home Phone 766-4342 - Email wizardluv@aol.com
Commonweolth's
EXHIBIT
-3
8-</-98 oSLS
March 03, 1998
Max Mcconnell
401 Front SL
West Fainiew, PA 17025
Just the way thi/lgs are sometimes.
I'm not sure what I expected, I guess I just had my head up you
know where (like I always have when it came to you). I can't begin to
understand why or what you're doing as far as Linda goes and I'm not
trying to belittle whatever it was or is that's between you two. But it
just seems to me that things are starting to sound just like they did
before. What I mean is that I'm trying my best to be a good friend and
be there for you, but again I'm doing evel)1hing (what has Linda done
for you lately) and you're too busy thinking about everybody but me,
Does that sound selfish? Or maybe even a little unfair? Well maybe it
is, but I've gotten to a point in my life where I'mjust sick of all the
bullshit. I know you are trying to be straight with me, if! didn't I
wouldn't have been around this long, I want you to understand that
when I sit back and watch Linda put you through all this shit, that it
hurts me too, because I really do care tor you, That's why I do and say
some of me things I do, I guess I didn't think about all the things that
go along with being around someone that is going through what you are.
I know thlll when we were together that you really cared flU me, I
wasn't sure about that when we were together because you are so closed
mouth about your fl.'clings, It took us braking up and all the stufl'
allcf\\ards to realize just how much you did care. I guess I thought that
when we starteu talking again and when we talked about maybe trying
to work things out that we'd have a second chance, but.! sel;. now that
you arc too wrapped up in Linda to ~ven give us a chance, Somc of thc
things you do rcally hurts mc and it seems as if you arc ohlivious to my
li:cIings, Like J()r il1s~ance almost every time we go out youcnd up
I bringing up Linda. like you can't go one day without mooning over hcr
(like all thc talk about buying hcr a new diamond, have you cven
considcred how that might make mc feci? Imcan comc on herc I am
taking you out trying to gct you minu 011' your problems, trying to be a
I. ~ good friend and all you think about is her.) I know that right now that
. we are just friends but we have talked about more and I don't have an
onlotTbutton for my feelings, You need to make up your mind either
you want me to care for you or you don'1. It sort of seems sometimes
like you just want me around for something to fall back on just in case
you and Linda don't work out, (can you even imagine how that makes
me feel). I may not have alot but I do have my self respect and I'm
holding onto it like a drowning person, I guess this sounds pretty
negative but really aliI want in my life is a little security and stability
and I guess a little love wouldn't hurt either. Part of me wants to cut
and run. the thuught uf getting h~ain scares me to death, but then
again I'd really like to at least try to work things out.,.! guess what I'm
saying is that I'm a little confused too. so maybe you could think a little
about what you are doing and saying, before you end up running me ofT.
And NO that doesn't mean you should start lying to me. I deathly sick
oflies and I don't want any part of them, Don'tjump to any conclusions
about what I'm saying in this letter. if you don't understand something
I'm trying to say, ask me if we could just get our friendship to a level
where we can talk about an)1hing we couldn't go any higher.
I do want to you know out of all fairness that I will respect
\\hatever decision ',ou make about Linda, however I don't want \'Ou to
. - .
tlt tie DUdel ttl~ misunderstwlding that I'm going to be around lhe next
time (iftherc is one) you and her have problems. The decision you
make is linal.
AJllD)' best.
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b) On November 17, I 9911he defendant admitted to the allegations made
in a Petition for Indirect Criminal Contempt for violating the Protection Order
enlered on Augusl 20, 1997. The defendant was sentenced to a term of
imprisonment in Ihe Cumberland County Prison of not less than two months
nor more than six months. The basis for the finding was that the defendant
harassed the plaintiff with several unwanted t~!ephone calls, physically
assaulted her in the presence of the parties' Ihree minor children, and contacted
the plaintiff directly. See Order of Court and Criminal Complaint attached as
Exhibit C and incorporated herein by reference.
c) On September 8, 1997, the defendant admitted to the allegations in a
Petition for Indirect Criminal Conlempl for \;olating the Protection Order
entered on August 20, 1997. The defendant was sentenced to undergo an
intermediate punishment sentence by being placed on probation for a period of
six months and on the condition that the defendant pay any costs associated
with this proceeding, that he undergo a drug and alcohol evaluation, that he
comply with any recommendation tkn\ing from that treatment. that he remain
on good behavior, and that he maintain full-time employment The basis for
the finding was the defendant went to the plaintiff's residence and harassed the
plaintiff with several unwanted telephone calls See Order of Court and
Criminal Complaint attached as Edlibil 0 and incot'pOfalal herein by
rd't1ellU
.
WHEREFORE, the plaintiff asks thai the Prolection Order dated August 20, 1997, be
extended beyond the expiration date of August 20. 1998, such that it remains in effect for
one additional year or until further Order of Court.
Respectfully submitted,
p...,J~.(/
an Carey. AUDmey for P ntiff
LEGAL SERVICES. INC.
8 Irvine Row
Carlisle. P A 17013
(717) 243-9400
(
@AUG 2 U 1997
.
LINDA KAY McCONNELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
)
v,
: CUMBERLAND COUNTY, PENNSYL V ANlA
42.02.-
: NO, 97~ CIVIL TERM
JAY MAX McCONNELL, m,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
PROTECTION ORDER
1--
AND NOW, this ~ day of August, 1997, upon consideration of the Consent
Agreement of the parties, the foUowing Order is entered:
1. The defendant, Jay Max McConne1I. III, is enjoined from physicaUy abusing the
plaintiff, Linda Kay McConnell, or 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 limited to, telephone and written cormnunic:ations, except for the
limited purpose of ficiIitating alStody arrangements.
3, The defendant is ordered to refrain from harassing and 'lain. the plaintiff and
from harassing her relatives IIId the minor children.
4, The defendant is prohibited from entering the plainti1l's place of employment or the
day care facility oCtile parties' minor child.
S. The defendant is prohibited from removing, damqing. c!estroyill8 or seIliDs any
.
property owned by the p1aintiff.
6. The defendant is exduded from the plaintift's residence located It 214 South Enola
Drive. Enola. CumbertIIId County, PennsyIvmia, IIId is Ofdeled to stay away from 111)' Itlide,~
the plaintiJf may in the future esaablish for herself
7. The defendant is ordered to relinquish 10 the Cwnberfand COUlIly Sherifl's
Department III)' wapoM lie OWM or possesses, IIId the defendant is prohibited ftom IICqUiriaa Of
poueuina Illy weapoas for the duration t~~ The ,,~ (rifle) (Ol.fi~1ted
from the defendant by the Cumberland CDunty Sheriff's Department through the Temporary
Protection Order shall remain in the Sherifrs custody for the term of the Protection Order,
8, The defendant is ordered to reimburse the plaintift's out-of-pocket losses of 530,00
suffered as a result of the destruction of her property (see paragraph 4(g) of the PeritiDn for
Protection Order) listed on the attached sheet marked Exhibit A. The defendant shaI1 pay the
total amount of losses (530,00) to the plaintiff within ten (10) days of the entry of the Protection
Order in the above-captioned matter, in the form of a money order made payable to the plaintift:
mailed to her residence, An award under this chapter shaI1 not constitute a bar to litigation for
civil damages for injuries sustained from the acts of abuse giving rise to the aWllm or a finding of
contempt under this chapter,
9, Court costs and fees are waived.
10. This Order shall remain in effect for a period of one (1) year and can be extended
beyond that time if the COUIt finds that the defendant has "",.ubitted an act of abuse or has
engaged in a pattern or practice that indicates risk of harm to the plaintiff. This Order shall be
enforteable in the same manner as the Court's prior Temporary Protection Order entered in this
case,
11. This Order may subject the defendant to: i) arrest under 23 Pa.C,S, 16113; ii) a
pri....te aiminaI compIIint under,23 hC.S. 16113.1; iii) a cbqe ofiudilec;t aiminaI contempt
under 23 Pa.C,S, 16114, punishable by imprisonment up to six months and a fiDe of Sloo.00-
51,000.00. and iv) civil contempt under 2J h C, S, 16114 1.
12, The East ~ Township Police Department shall be provided with a
certified copy of this Order by the plaintift's attorney and may enfbn:e this Order by arrest filr
indirect aiminaI contempt without WIITIDI upon probable cause that this Order has been violated.
wbether or not the vioI,ri<ln is ~nm;tted in the presence of the police ofticer, III the twill did
an arrest is IlIIde under this MCtion. the defendant shall be taken without lAM rtu.., delay befin
LINDA KAY MCCONNELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
V,
: 97-4202 CIVIL
JAY MAX MCCONNELL, III,
Defendant
: CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
-11v
AND NOW, this I ' day of July, 1998, this Coun certifies that the attached
complaint has been properly completed and verified, and there is probable cause for the
issuance of process. In consideration of the attached CommDnwealth's Petition. the
defendant. JAY MAX MCCONNELL, is directed to appear for trial on the charge of
Indirect Criminal Contempt before the Coun Dn the .l.1!.- iday of ~ 1998 at
t..JJ.. o'clock pm. in Counroom # 3 of the Cumberland County?~~ Carlisle,
Pennsylvania,
The defendant has a right to be represented by an attorney, If the defendant
cannot afford an attorney, upon request one win be wigned to represent the defendant, If
the defendant wishes wignment of counsel, contact should be made prior to trial with the
Cumberland County Public Defender's Office at 717.240-6285, Further, if the defendant
fails to appear, an arrest warrant will be issued,
The Sheriff of Cumberland County is directed to serve this Order and Petition
upon the defendant. The assessment of costs to be determined by the Trial Judae
subsequent to trial.
By the Court,
J,
JOllllhan R. Birbeck .
Chief Deputy District Attorney . ttr,......, fit........ 7. ). ~
JAY MAX MCCONNELL. III
EXHIBIT B
CRIMINAL COMPLAINT
(POUCE)
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Robert V. Manlove
DISTRICT JUSnCE
MAGISTERIAL DISTRICT NO, 09-1-02
1901 State Street
Camp Hill, Pa. 17011
Complaint Numbera H Other P.rticlpontl
A 78187
IN ID
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Sgt Robert Gould
(Nu",,,,' AD/uml
East Pennsboro Township Police Department
(/J<IIlirldtptlNl_",_,'~undpoll'i<uJ,ubJltWrwrJ
COMMONWEALTH OF PENNSYLVANIA
DEFENDANT: VS,
NAME ~~y~~~~~ll~ IIi' ",
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IoNO ~'.'.."40""t'ron[Street....'<:._.
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AOnRESS;...;West"piiirview;' Pa. " 17025
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do hereby state:
( I ) rnx I accuse the above named defendant, who lives at the address set forth above or,
_ 0 I accuse an individual whose name is unknown 10 me but who is described as
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l!! 0 his nickname Dr popular desilnation is unknown 10 me and. therefore. I have desilnsted him herein as John
I Doe; with violalinlthe penal laws of the Commonwealth of Ptnnsylvanis at 200 block of South Enola Drive
Ent Pennaboro Township (1'itn-l'oIi/KGlSabd,tWrwrJ
: -
_ in Cumberland County on or about 2100 hours 7-6-98
~ Participants were (l/dI#'......~".,."'"'__,rrpMi.,'Iw_of_~}
~ Jay Max McConnell, III
The aclS commilled by the accused were: 0
Defendant violated 1'1'otection FrOlll Abuse Order Number 97-4202 Civil Term, issued on
August 20, 1997 by the Honorable Judge George Hoffer: the defendant is enjoined frOll
having direct or indirect contact with vict1lll (Linda Kay McConnell) and 1& enjoined
from harassing victim. The defendant did drive by victim's residence and did yell
"whore" each tima defendant drove by vict1lll's residence.
PROBABLE CAUSE
On 7-6-98 victim did report this incident by phone to thia officer. Victim related
that the firat tillla defendant drove by her relidence abe waa out'de and .aw and beard
defendant yell. Victia said the other two t1llea ahe was inaide however abe did recognize
tha voice that yelled ''whore'! aa being that of the accused. laat PeDDsboro Town.hip Police
does have a copy of above PFA Order.
all of which were a.ainsl the peace and di.nity of the CommonwnUh of Pennsylvania and contrary to the Acl of Asscmbl),
orin violalion of '.:6114 - ';:'" and -.' ;.::'~'~: ,.. of the Act oflTltl'e':'U"trOtecUon I'roa Abuaa
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I uk Ihat a warrant of amsl or a summons be iuucd and Ihal the acc_d be required 10 answer the dw1t:s
I han made,
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I veriry that the facts sct fortll in tills complainl art tnae and comct 10 lhe best of my tl\OWledp or infilnllation
and belte! This .enfil:ation is made SlIbj<<t 10 tile penaltiea of S<<liaft 4904 of the Crimes Code (\I .... C S.
I 4W41 rtlatin. to IlnsWOOll falllflUtion to aulhorilies.
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ANO NOW. on Ihl\ dale
,19 _' I (tf1I(~ the (""'rlainl has lIfen ~h comr'e'ed and
V,
JAY MAX McCONNELL.
Defendant
IN THE COURT OF COMMON P~EAS QF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
NO, 97-4202 CIVIL TERM
PROTECTION FROM ABUSE
LINDA KAY ~cCONNELL.
PIainti ff
IN R~: !NuTR~CT CRIMINAL CONTFMPT
REVOCATION OF ?ROBATIOij
VISITATION
QBDFR OF COURT
AND NOW. November 17, 1997. 11:55 Q,m.. JOY Max
McConnell. III. hovirg appeared in open court on a second
complaint of indirect criminal contempt of our PFA Order. and
having admitted the allegotions of the ~etition for incidents
occurring November; through November 6. 1997, we do find the
petition to be supported beyond a recsDnable doubt.
Having so found. we sentence the defendant to a term
of imprisonment in the Cumberland County ~rlson of not less than
two ~onths nor more thon slX months. We give the defendant
credit for service of time on t~is sentence from the date o~ hl~
incarceration on November 7. 1997. We authorize that the
oefendant moy ne placed on the Worl Release ?rogrom.
!he defenda1t also aopearlng on ~ ~etiticn for
rf>voclltion of hlS oroo':ttol1Ol', "e"t"'1ce or1ered on Seote'llbpr S,
la97. an~ nGvi~g od~ltte~ .~e 1ile9utlons of the ~etltlon for
r"vocot:UlI. 11(" dO -ind tn.lt "Jet:tlan tr C," 'il:pportel! beynr.r. ..:
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LINDA KAY MCCONNELL.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAY MAX MCCONNELL. III,
Defendant
: 97-4202 CIVIL
: CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HRARING ON CHARGES
OF INDIRECT CRIMINAL CONTF.MPT
Michael S. Schwoyer, ChiefDeputy District Attorney of Cumberland County,
Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal
Contempt:
I. 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 upon
infonnation received.
4. The District Attorney's Office approves the filing ofchis criminal complaint.
S. The Commonwealth is requesting a hearing on the charges oflndirect Criminal
Contempt pursuant to 2J Pa.C.S.A. 0 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 apptClpriate following the trial in addition to
any other sentence. 23 Pa.C.sA 06113.
WHEREFORE. the Conunonwealth requests the defendant be commanded to
appear before the Court on the cIwp of Indirect Criminal Contempt.
COMMONWEALTIt OF PENNSYLVANIA
COUN1Y OF ClIMBERL:I.ND
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POLI(:E
CRIMINAL COMPLAINT
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OJN... H... COMMONWEALTIIOFPENNSYLVANIA
...... CUMBERLAND COUNT\'
COURTIIOUSE
CARLISLE. PA
COMMONWEAL TII OF PENNSYLVANIA
VL
DlnNDANT:
NUll... ADDUSI
T_
Doc:ket No.:
Date filed:
01N:
JAY MAX MCCONNELL, ID
401 FRONT STREET
Wesl FaIn1ew, PA 17015
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P7-86P
Distnct AIIom.y'. Office O,ypr.IIN 0 D/apflNIIN 6<<uu:
(nc District AUoracy may rcq.tre lbt lbe &:uan.,&'iIIl. amtt warrut am.s."il. or bodl be Ippf'Om by Iht Attantey far dac CoanIIOIl.caltit pnor 10 riliq. PLLCf.P. 101.)
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do hereby Slale; (eAMt..........__1
I. 181 I __ the 1bov.1lIIlled defendant, who Ii_II the Iddras let fonb above or,
o 11I:CUIl! the defendant whose name iIlll1lknown 10 me butlS dacnbed as
o 1 ""'_ the defawlanl whose name Il1d popular dnIp1l1<H1 or niduwne lS unknown 10 lilt Il1d wham I have dlmfor daiplled u
lohn Doe,
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,,"h vlDlal1nl the pcnoIlaws of the c",.."",,,eaI\h of PcftnIyIYlllia 11111 S. EMI8 Driw. EMI8.." in o.-t".j c...., lIlIorlboul
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PlttJC1JlIlllSwue:llf__.... ....____-or-_
JA Y MAX MCCON/IIUL.lll
2. The ICIS cOlllmi1lf>cl by the IICCUIOII......:
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INDIRECT CRIMINAL CONTEMPT n PA C.5.A. SettloR 6114
The ~(mdanl did vIOlate l'lOlKlIoa Order No. 97.4202 Civil Tmn $lIDtd by tIw Haaonblc Georsc E. Hoffer, Judat 01120 AIJIUIl
IW1. ProtCCllOl\ Order No- 91.4202 states tIIIl tIw ~fetadut \I ordmd 10 reftaID hm baYVII.Y direct 01" iDdinc1 CClIllId widI tIw
runtY mcludm&. bulllOl \inulIed 10 ~Icpbone and wntleIl C_1C1llOftS, "<<pi for tIw limited purpoH of ~ aISlIIdy
amnarmmtJ; " ftIjOUled liom plI)'SlCa\ly abuma tIw plamblT. Lmda Kay M..-(~~1. 01" liom pikula her UI (ftf 01__; aad \I
ordrml to nftaUl liom llamSUIa tIw plaUllllf. I. tIIIl die ~feDdaftt did ICpwldIy and wttbout tealllmalt pIIIIIOIe lflcpllow tile
plaml1ff. rntdt-nre ..hidl ~t .... Ilarawna II> die plaUIllIf. In add1t-. die <lebdent did ba\'C dinet COlItact ... die plaiaIIiI'f
IIIlM P.....tIll k>t of die AurmbIy afGodOnlrdt mttd at 927 Wmmlw ROIIll &o\a, I'A 1m' pikula her ill ftarehllllllt,
011 ,,( ..""'h ........-_ ....... dtpJl) 0( die \''''...,............ 0( ~l._. c-.y '" "'" Act of A~. 01. .QI.LlI ....
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Oerendant Name: JAY MAX MCCONNELL, III
Ooc:kel Number:
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POLI(:E
CRIMINAL COMPLAINT
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], 1 ask that 181 . "."..'o/urut or O. _.. be issued and IhIt the defendanl berequiJed 10 llIlSWerthe charges' havelTlldc. (In
order for a wamnl ohmst 10 issue, the atllIchcd a1Ttdavit of probable _ must be eompletcd and swam to Won the issuinllUlhority,)
4. I verify IhIt the facts set forth in this complIim are lNe and comet to Ihe best of my know1edce 01 infonnaliOll and belief. This veriliOllion is
made subject to the penalties of Section 4904 of Ihe ' Code (18 P C.s. 4904 lIinl to faJsiflCllions to authorities.
~
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AND NOW, on thIS date ,1 mtify the comp/aiDt bas been properly eompIelcd and vcrifccd. All aflidavit
of probable cause must be eompIelcd in onlcr fOla worrmI to issue.
tM-4I:>h.- W DIItrtd)
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AFFIDAVIT OF PROBABLE CAUSE
COMPLAINT NUMBER YEAR
lYPE
NUMBER
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Complaint Nwnben if Other Panicipants
INCIDENT NUMBER
97.869
UCR NO,
260
OTN
COMMONWEALTII OF PENNSYLVANIA
DEFENDANT: VS,
I,
Deteetlve LetItia R. Woodford
(Name of AITWlt)
NAME
AND
ADDRESS
JAY MAX McCONNELL,1U
40 I Front Street
West Fairview, PA 17025
of Cumberland County DIstrict Attome)". Oflke, CrlmlnallnVtltlcaUon DIvision
(Identify department or agency repmellted IIId political subdivision)
being duly sworn (or alTumed) before me, according to law, deposes and says that there is probable cause to believe that:
PROBABLE CAUSE BELIEF IS BASED ON mE FOLLOWING FAcrs AND CURCUMSTANCES:
This alTWlt is a Detective with the Cumberland County District Attorney's Office, Criminal Investigation
Division and has been employed as such for the past 10 months.
On 20 August 1997, the Honorable George E. Hoffer, Judge did sign Pro~tion Order No. 97-4202 Civil Tmn.
for plaintiff Linda Kay McConnell and defendant, Jay Max McConnell, ill, Jay McCOIlIICII did sign a Consent
Agreement to Protection Order No, 97-4202 Civil Term on IS August 1997.
Paragraph I ofPro~tion Order No. 97-4202 specifically Sllltes that the defendant, Jay Max McConnell. ill is
enjoined from physically abusing the plaintiff, Linda Kay McConnell, or from placinl her in fear of abuse, Parasraph 2
specifically states that the defendant is ordcmI to refrain from havinl any direct or indirect contact with the plaintiff
including, but not limited to, telephone and written communications, except for the limited purpose of facilitating
custody arrangements. Paragraph 3 states thai the defendant is ordered to refrain from harassing and stalking the plaintiff
and from harassing her relatives and the minor children,
On 6 November 1997, this a/TWlt interviewed the plaintiff in this matter who relayed the followina dctai!s.
Since 3 November 1997 and conlinuinl throush 6 November 1997 has made repeated telephone calls to the residence of
the plaintiff, These telephone calls were not for the purpose of facilitating custody amnsemcnts and were of a harassing
nature. The defendant did leave these iIIcsillmalc and harassinl messages on a telephone answullll machine which were
transferred onto s standard cassette tape and arc in the possession of this affiant Over the 4 day period Slated, the
defendanl has placed in excess of 40 telephone calli the residence of the plaintiff. Plaintiff idcntifin the \-otce 011 the
tape ofthcsc calls as the \"Oicc of the defendant Your affiant beli~'CI plaintiffbccaust she listened to the tape in which
the ikfmdant ulcnufics himself.
On 6 No\'mIber, this alTWlIIlllttV1cwed the plamuff and Donald Wiebel sepII'lkl)' who relayed the followina
dculls. On evmmg of S November 1997, the defcNant did wait for the plainllffin the parkina area of927 Wcnnillc
Rosd. Enola. PA 11025. the A_bly of God C1turch, _11m the defendant knew theplaintiffwou1d bctakinsthe minor
cluldrm fOf an acU\'lty as she I'OIIUlIe-Iy docs OIl Wednesday cvmmp. Upon the plamlltrs unnl.Just 0\IIS1de the hot
<loon of Iii<: C'hurch. the defendant did nil a fanl ~ light blue in color and IJIP'l*h the vdUclc occupied by the
plaintiff. her mmor cluldrm and a pusmatT. Donald Wtdlcl. a mend of the plainufl"s. The defendant anu~ to open
!he dnver's door to the p1amtifl"s vcluclc. but QS unsuccessful due to II bcinllockcd. The defendant did then open the
rear dnvtf's door and a!tempt tounloclt the /font drntt.s door. Bfforc the defendant....ublc to unlock the !Tnnt
dmn's door, the pusenlff, III an allmlpt to ~t the p1amtlff. did nil the p1amllfl"s ~hicle, ewroach the deftndant
and was ~u~umtly auallllN by the ddmdant [)r(cndant did then IfIb the p1amtlff by the anns. anentplt'd to Itns the
.. ~.
LINDA McCONNELL.
Plaintiff
V,
JAY MAX McCONNELL. III.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
97-4202 CIVIL TERM
IN RE: INDIRECT CRIMINAl CONTEMPT
ORDER OF COURT
AND NOH. September 8. 1997. 10:55 a,m,. the defendant
having appeared in open court on a contempt of PFA allegation.
and the defendant having admitted the allegations of the
petition. we do find the petition to be supported beyond a
reasonable doubt, Having sa found. we find the ~efendant to be
in contempt of court,
It appearing to the court that the defendant has
served seven days in the Cumberland County Prison prior to belng
brought to court for thls hearing. sentence of the court ls that
the defendant undergo an intermediate punlshment sentence by
being placed on probatlon for a perlod of slx months wlth
supervlsion for D & A testing on the condltion that the
defendant pay any costs assoclated wlth th1s proceed1ng, that he
undergo a drug and alcohol evaluatlon, and that he cOlDly wlth
any recommendatlons flowlng frol that treatment. and that he be
and remaln on good behaVlor~~i1k1~~ aalntaln full-til'
.
'f
. ., .
97-4202 Civil Term
In Re: PFA Contempt
Page 2
employment after he gets his job this coming Wednesday,
In accordance with this order, he is now released from
custody, This takes the place of the hearing originallY
scheduled for tomorrow at 2:00 p.m.
By the Court.
,
Michael S, Schwoyer, ESQuire
Chief Deputy District Attorney
Arlo M, Waller. ESQuire
Assistant Public Defender
Probation Office
Sheriff
CCP
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO, 97-4202 CIVIL TERM
LINDA KAY mcCONNELL,
Plaintiff,
lAY MAX McCONNELL, m,
Defendant
: CHARGE: INDIRECf CRIMINAL CONTEMPT
COMMONWEAL TII'S PETITION FOR HEARING ON CHARGES
OF INDIRECf CRIMINAL CONTEMPT
Michael S. Schwoyer, Chief Deputy District Attorney of Cumberland County,
Pennsylvania, brings the following PetitiDn 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 aft,,,hl!d,
2. The defendant's violation of this Order is averred in the attKI:l"=Cl criminal complaint.
3, The victim requests the filing of an Indirect Criminal Contempt Charge upon
information received. I
4. The District Attorney's Officc approves the tiling of this criminal complaint.
S. The Commonwealth is requesting a hearing on the charges of Indirect CrimiDal
Contempt pumwrt to 23 Pa. CS.A. f 6114.
6. The plaintiff' and/or the defendant may seek modification of the Order bued on the
filing of this petition u the Court deems ....p'ol'.iAte following the trial in addition to Ill)' other
sentence. 23 Pa. CS.A. f 6114.
WHEREFORE.. the Commonwealth requests the defendant be co..,..".nded to appear
before the Coun OIl the charp or Indirect Criminal Cnnh!ft\pl
Chier
CRIMINAL COMPLAINT
(POUCEI
y
, '
.. . .\ ~UMBE
"4 ....:;,.
Robert V. Manlove
DISTRICT JUSIlCE
MAGISTERIAL DI~Ic;r t40, 09-1-02
1901 State St.
Camp Hill Pa. 17011
. 57753
..Ptlnt. Neil P Call
(NQmroJ Adillnl J
of East Pennsboro Twp PO
( Iti",,,,.,. JtptU1'''nll eN u~nn' rrpmtntN and poIillllll Jllbdm.sm,,)
COMMONWEALTH OF PENNSYLVANIA
OEFENDIoNT: VS.
r T\"~>>' .~...-- . ,. ,. ... -. -,.... ....--... !..""
NAME JAY MAX McCONNELL nr ~_ .,i':,~" .
N'lO 401 Front St.. ",. . .:"~"
IoOORESSWest Fairview Pa.l7025 .':'.
.. ...:
W/M/3l' ."
R5.A. DOB: Il-07-65 .,... ..
AKA SSN:192-58-0630
do hereby state:
(I) IDe I accuse the above named defendant. who lives at the address set forth above or,
_ 0 I accuse an individual whose name is unknown to me but who is described as
l
o his nickname or popular designation is unknown to me and, therefore, I have desianated him herein as John
Doe: with violating the penal laws of the Commonwealth of Pennsylvania at 214 S, Enola Dr.
Enola Pa. East pennsboro Twp, tPl....1bIIliaIISulJdi_1
in Cumberland County on or about 09-01-97 1137 Hrs.
Participants were (ifl""'-f1I'Tl/CI{JIJII",,,,,,",,,,,,_,,,,,,_,,'Iw._of_UfmdIllfl~
JAY MAX McCONNELL III
(2) The acts commiued by the accused were: 0 The DEF, was in direct violation of COURT ORDER
of JUDGE GEORGE E. HOFFER in No. 97-4202 CIVIL TERM issued on 09-20-97 in
Cumberland County Court under Protection Front Abuse Statute. In that order, the
Defendant is excluded from the Plaintiffs residence at 214 S. Enola Dr. Def. is
further e~cluaed from 860ning re.idence With tlie except10n of cu.toay arrangement.,
On Monday, Sept, 1 the Defendant did go to Plaintiffs residence and knock on
front window of same, as well as go onto the rear porch of the residence and
knock on back door. Said actions occurred at 1137 Hrs. at which time LINDA
MCCONNELL (Plaintiff) called 911. Upon police arrival the palintiff stated
the DEF. had just left the residence on a bicycle, south from the area.
While in the rsidence speaking with Plaintiff, Def, did telephone the residence
and identify himself to this officer. Def, is excluded from telephoning
Plaintiffs residence except for custody arrangements. This officu did also liaten
Y Pl,intiff. ,a.varin, machip., which did tontain a ....,.. from the D.f.1iU vhich1h'hdid09-01 9-
1 e~t1fy ntmSe!f, and tate tha~ he was coming to th. re.1a.nce, K....S. .ft at lOr. - I
of which were a,alOst the peace and diJOity of the Commonwealth of Pmnsylvanis and contrary to the Act of Assembly.
or in violation of 10190 and . . of the Act of Title 42 PIOTECTION ACT. .
(s.n-, tW'_J
(_W''''_I
I uk that a warmtt of arrest or a summons be issued &lid that the Kcused be reqllired to anawet' the chuteS
I hue made.
Orclinsnce of
I vmf} that lhe fKts set forth in this complaint an: true and comct to lhe best of my It_ledp or information
and belief This venficltion is made subJect to the penllties of ScctlOll 4904 of tile Crimes Code (II PI. C s.
f 4904 J relallna 10 IIn.... falSi' 111011 to allthonllU
AND NOW. \lll thIS dlle
...,r"lllnd that lllcre IS proba)t
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OFFICE OF THE DISTRICT ATTORNEY
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CI,RUSLE. Pt:.. "SYLVANIA 17013
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LINDA KAY MCCONNELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: 97-4202 CIVIL
JAY MAX MCCONNELL, III,
Defendant
: CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Michael S, Schwoyer, Chief Deputy District Attorney of Cumberland County,
Pennsylvania, brings the following Petition for a hearing Dn charges oflndirect Criminal
Contempt:
I. 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
complainL
3, The victim requests the filing of an Indirect Criminal Contempt Charge upon
infonnation received.
4, The District Attorney's Office approves the filing of this criminal complaint.
5. The Commonwealth is requesting a hearing Dn the charges of Indirect Criminal
Contempt pursuant to 23 Pa.C.SA ~ 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 sentenee. 23 Pa.C,S,A, ~61l3.
WHEREFORE, the Commonwealth requests the defendant be conunanded to
appear before the Court on the charge oflndiJect Criminal Contempt,
R
M" S, Schwa
Cbid' 0qIuty District Attorney
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
'*
POLICE
CRIMINAL COMPLAINT
M.. Dt.. No
OJ N_ IIn. COMMONWEAL TII OF PENNSYLVANIA
...... CUMBERLAND COUNTY
COURTIIOUSE
CARLISLE, PA
COMMONWEAL TII OF PENNSYLVANIA
v~
D[ftND..\HT:
'.........
Docket No,:
Date Filed:
OTN:
NAME.... 4DDRlS5
JAY !\tAX !\tCCONNELL.1II
401 FRONT STREET
West Falrvlew, PA 17015
Ikftttd...', D.n,1.. De,"",...', SecUI StaIn N_mIJtor Defnd..t'. SID
11.07-65 192-38-0630
Rttfotn.... Slk....
hmp....lltllddt.. N.1IIbrr
97-869
District Attorney's Offi.. 0 Appnvd 0 DiuppNvd bfflrMSr.
(The Oislricl Altomc)' may require that the complainL Imst ..-amalaffidavit. or both be approved by the Anome)' for lht Commoa.ultb prior 10 filial. PI.R_Cr.P. 107.)
c.......... NlnDbtn IIOdwt PII1kfpuIl
is.etrf~ bdlcc.____~. ,........01 T~I
(SIfIlIDft cl AtknrJ for C_'_'~~"'l
,.....
I. IHt<<tlH UtItI. It. /f'H4jH1 4'-1
Name of Affilmc. ran. Print or Typc Officer Badp: NudIer'lD
OF CM.bnN.~ C.....'" Dbtrkt A.."'q's ODb. CrI"",,.II.~.. DioUiH 'A.11113A
Idnttfy [)qlIrtmm: or ^P*IC) Ilcprncwd aad Pohtital SubdWimR PoIw:e Araq 0fU N.... 0riJMatiRI AJftICY (_ Number cO(' A i
do hereby slate; ((....l~"""'1
I. t!!:I 1 ac<ust the above named defendant, ..ho Itv.. at the add.... set fanh .hove or.
o , accuse the defendant ..hose name in unknown to me but is descnbed as
o I ,""cuse the defendant wbote name and popular designation or n.ckname 15 unkno"lI to me and whom I h..e therefor designated as
John Doe.
with vlOlatmg the penalla..... of the Commonwealth of Pennsylvan.. al11. S. E.1IIa DriH, billa.." in 0....""..., C..""on or aboul
11-13.'7 tII,.",,, """ """'..., """7.
PartiCipants were: (If.... .......b\. . pIKe dwtr IIIiIna tIm.,...... __ of ~ ......
J,~ r MA."( MCCONlliEU.,1I1
2 The acts comm.tted by the 1C<used were:
tSfl.........., 'Ii'" _.....-.................... "'_~"...""'-\....... "ClWllWo....._~ ~... fIIClft. it...... ........,.~ J'lII'" '*
liwllPKlfic............. vi....... Of ~ """"'" "..... I
INDIRECT CRIMINAL CONTEMPT 1J PA C.S,A. S<<tloa 6114
Th~ def<ndanl dtd "io\ate ProIcction Onln No. 91-4201 Ctvll Term sipod by the II_hie C........ E. Hoffn. Jud&e Oft 20 AupsI
1<191. Prolel:tlOll Order N.1. 97-42021latn dial the def<ndant is M:Ieftd to nlTain /tom havl1ll any dtm:lor incIum COlIIlItl wi. the
plaintiff 11lC1udl1ll, bulllO\ IlllSlled to ~1qlhtlIw and .._ '-ommunlCalloos. nc\'pl for the lunited JlW1'lOIC' of facllitalill& CIISIOdy
arranGements; .. tnj<l\Md Itom pII)',nlly abusula the l'lalllllff. I mda Kay Mrl.'_llllf Itom plat... her ill fnr of abuse; and it
,1Ideffd 10 Rfrain from harus1na the pIaIDIIIT. III thaI the .tffmdant did ~atedly and ..o1hoot lttitima~ I'WJlOOf ~1epbooe the
pIa.nhfT s rntdence wh",h ~ ..as ~"" 10 the pia_IT III addrllotl. the det'e1Idaat stod haw dued COOIIact wllll the plaintiff
In the park.lII.... of the AlS<'ltlbly oHio.! {'bun:h located at 927 W.:nnille R<*l Enola.l'A 17tll~ p\k11ll her in farofabuse.
011.'1..11"'11..... ....... the"""'" anddtpit't .,{thelt_...-.hh .f.......,l\_Illd<~ to the Act of Aaembly.or III vtClIobooIof
I.
1111
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AFFIDAVIT OF PROBABLE CAUSE
COMPLAINT NUMBER YEAR
lYPE
NUMBER
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Complaint Numbers if Other Participants
INCIDENT NUMBER
97.869
UCR NO,
260
OTN
COMMONWEALTH OF PENNSYLVANIA
DEFENDANT: VS,
I,
Detective Letitia R. Woodford
(Name of Affiant)
NAME
AND
ADDRESS
JAY MAX McCONNELL, 1lI
401 Front Street
West Fairview, PA 17025
of Cumberland County District Allorney's Office, Crlmlnallnvestigation Division
(Identify department or agency represented and political subdivision)
being duly sworn (or affirmed) before me, according to law, deposes and says that there is probable cause to believe that:
PROBABLE CAUSE BELIEF IS BASED ON THE FOLLOWING FACfS AND CURCUMSTAI'ICES:
This affiant is a Detective with tbe Cumberland County District Attorney's Office, Criminal Investigation
Division and has been employed as such for the past 10 months.
On 20 August 1997, the Honorable George E, Hoffer, Judge did sign Protection Order No, 97-4202 Civil Term,
for plaintiff Linda Kay McConnell and defendant, Jay Max McConnell, III, Jay McConnell did sign a Consent
Agreement to Protection Order No. 97-4202 Civil Term on IS August 1997.
Paragraph I of Protection Order No, 97-4202 specifically states that the defendant, Jay Max McConnell, III is
enjoined from physically abusing the plaintiff, Linda Kay McConnell, or from placing her in fesr of sbuse, Paragraph 2
specifically states that 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, except for the limited purpose of facilitating
custody arrangements, Paragraph 3 states thai the defendant is ordered to refrain from harassing and stalking the plaintiff
and from harassing her relatives and the minor children.
On 6 November 1997, this sffiant inten;ewed the plaintiff in this matter who relayed the following details.
Smce 3 November 1997 and continuing through 6 November 1997 has made repeated telephone calls to the residence of
the plamtiff, These telephone calls were not for the purpose of facllitating custody arrangements and were of a harassing
nature. The defendant did leave these illegitimate and harassing messages on a telephone answering machine which were
transferred onto a standard cassette tape and are in the poSsession of this affumt. Over the 4 day period stated, the
defendant has placed in excess of 40 telephone calls the residence of the p1sintiff, Plaintiff identifies the ''Oice on the
tape of these calls as the ,'Oice of the defendant. Your affiant believes plaintiff becsuse she listened to the tape in whtth
the defendant Identifies himself.
On 6 November, this affiant mterviewed the plamtdT and Donald W..:bel scpantely who relayed the followina
details. On evenmg of 5 November 1997. the defendant did walt for the plamtlff 10 the parking area of927 WcrtlVllle
Road. EMla, PA 17025, the As~bly of(Jod Church, when: the defendant Ww the plaintiff would be takins the minor
(hlldren for an acltVlty 1I5 she routinely does on Wednnday e\"Ctlmgs. Upon the plamlltT's amval,JUSI outside the front
doors of the Church, the defendant did eXit a Ford E..'OI'l. hght blue 10 color and approach the \~hidt ottupied by the
1'l'lInlllf, hn mIllOI' clttldren and a passenger. Donald Wlehel, a fTlC'lld Ilftht platnltlTs. Tht deftndant altflnpltd to open
the drn-er's door to the p1atnlllTs vehicle. but was unsu<<es.,ful dol: ttl II hel"llocked. The defendant dtd Ibm open tbe
~ardn'-a's door and attempt ", unl'llck the front dn\U" d.'Of. Ittfore the defendant was able to unlock the front
dnYl't', door, the paS$('rtga', In an attempl'" ptole\.'\ the p1amlllT. dId e," the r\amtttT's ~It, 8\'lI.'f0iIC1I the defendant
and us su~tly _ulled by the delendant l)elendant dtd then Voth the l'latnhll'by the snns, attempted to ktu the
LINDA KAY McCONNELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
Lf202
: NO. 97-~IVIL TERM
JAY MAX McCONNELL, III,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
~OTECTION ORDER
AND NOW, thi~ day of August, 1997, upon consideration of the Consent
Agreement of the parties, the following Order is entered:
The defendant, Jay Max McConnell, III, is enjoined from physically abusing the
plaintiff, Linda Kay McConnell. or from placing her in fear of abuse
2 The defendant is enjoined from ha\;ng any direct or indirect contact with lhe
plainliff including. but not limited to, telephone and wrillen communications, except for lhe
limited purpose of facilitating custody arrangements.
3 The defendant is ordered to refrain from harassing and stalking the plaintiff and
from harassing her relatives and the minor children
4 The defendant is prohibited from entering the plaintift's place of employment or lhe
day carw facility of the parties' minor child.
5 The defendant is prohibited from removing. damaging. destroying or selling any
property owned by the plaintiff
6 The defendant is excluded ftom the p1aintift's residence located at 2 t 4 South EnoIa
Drive, EnoIa. Cumberland County, Pennsylvania, and is ordered to stay away from any .esidb.ce
the plaintilfmay in the tiJture establish for henelf
7 The defendant is ooIcmt to relinquish to the Cumberland County Shmtrs
Oepartnwnt any weapons he owns or ~ and the defendant i\ probibited &om acquiMa or
pussmiJla any 'lIIftJIOfts b the duration of the Protection Order The weapon (rifle) confiscated
from the defendanl by the Cumberland County Sheriff's Department through Ihe Temporary
Protection Order shall remain in the Sheriff's custody for the term of the PrDtection Order.
S The defendanl is ordered 10 reimburse the plaintill's out.of-pockellosses Df$30,oo
suffered as a resull of the destruction of her property (see paragraph 4(g) of the Petition for
Protection Order) listed on the allached sheet marked Exhibit A. The defendant shall pay the
total amount oflosses ($30.00) 10 the plaintiff within ten (10) days of the entry of the Protection
Order in the above-captioned maller, in the form of a money order made payable to Ihe plaintiff.
mailed to her residence. An award under this chapler shall not constitute a bar tD litigation for
civil damages for injuries sustained from the acts of abuse giving rise to the award or a finding of
contempl under this chapter.
9 Court costs and fees are waived
10 This Order shall remain in effect for a period of one ( I ) year and can be extended
beyond lhat time if the Court finds that the defendant has commined an act of abuse or has
engaged in a panero or practice that indicates risk of harm to the plaintiff This Order shall be
enforceable in the same manner as the Court's prior Temporary Protection Order entered in Ihis
case.
II. This Order may subject the defendant to i) arrest under 23 PaC S. ~113; ii) a
private criminal complaint under 23 Pa.C. S. ~ 113 I. iii) a charge of indirect criminal contempt
under 23 Pa CS 46114, punishable by imprisonment up to six months and a fine of $10000-
$1,000 00, and iv) civil contempt under 23 Pa C S ~1I4 I
12 The East Pennsboro Township Police Departmeret shall be provided with a
certified copy of this Order by the plaintift's attorney and may enfOKe this Order by arrest for
indirect criminal contempt without warrant upon probable cause that lhis Order has been violated.
whether or not the ~-iolation is committed in the pi (KI," of the police officer In the twill that
an arrest is made WIder this sectioll. the dttendant shaft be takm without llllIoll.-..'Y delay be.f'ore
LINDA KAY McCONNELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 97-4202 CIVIL TERM
JAY MAX McCONNELL, III,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
CONSENT AGREEMENT
7t....
This Agreement is entered on this 15 day of Augusl, 1997. by the p1aintitT, Linda
Kay McCoMdl. and the defendant, Jay Max McConnell, III. The plainliffis represented by Joan
Carey of LEGAL SERVICES, INC.; the defendant is unrepresenled but is aware of his right to
have an attorney. The panies agree that the following may be entered as an Order ofCoun.
The defendant, Jay Max McConnell, III, agrees to refrain from abusing the
plaintiff, Linda Kay McConnell, or from placing her in fear of abuse
2. The defendanl agrees not to have any direct or indirect contact with the plaintiff
including. but not limited to, tdephone and written communications, except for the linuted
JlIlI'1JC* of facilitating visitation arrangements.
J The defendant agrees not 10 harass and stalk the plaintiff and not to harass her
relatives and the minor children.
4. The defendant agrees not to enter the plaintift's place of employment, the schools
of her minor c/uldren, or the day care facility of the panies' minor c/uld
5 The defendant agrees not to remove. damage, destroy, or sell any property owned
by the plaintiff
6 The defendant agrees to stay away li'om the plaintift's raidence located at 214
South EnoIa Orive, EnoIa, Cumberland County. Pawylvania. and the defendant aarws to stay
aWl)' li'om Illy residence the plaintift'may in the fiIlW'e ~ fOr herself
7. The defendant agrees lhat any weapons cDnfiscated through the Temporary
PrDtectiDn Order will remain in the custody Df the Cumberland County Sheriff's Department for
Ihe duration of the ProtectiDn Order, and agrees nDt 10 acquire or possess any weapons for the
tenn of the Protection Order,
8 The defendant agrees to reimburse Ihe plaintiff's Dut-of-pocket losses of S30,OO
suffered as a result of the destruction of her propeny (see paragraph 4(g) of the Petilion for
Protection Order) listed on the attached sheet marked Exhibit A. The defendant agrees to pay the
total amount of losses (S30,oo) to the plaintiff within ten (10) days of the entry of the Protection
Order in the above-captioned matter, in the form of a money order made payable to the plaintiff,
mailed to her residence,
9 The defendanl, although entering into Ihis Agreement, does not admil the
a1legalions made in the Petition.
10 The defendanl understands that the Protection Order entered in this matter wiD be
in effect for a period of one (I) year and can be extended beyond thai time if the Court finds that
the defendant has committed an act of abuse or has engaged in a pattern or practice that indicales
risk of harm to the plaintiff. The defendant understands that this Order will be enforceable in the
same manner u the Court's prior Temporary Protection Order entered in this case.
II. Violation of the Protection Order may subject the defendant to: i) mest under 2J
Paes f611J; ii) a ptivlle criminal CQmpWnt under 23 Pa,CS i61111; iii) a charse ofindirert
criminal contempt under 23 Pa.es. i6114, punishable by imprisonment up to sill months and a
fine ofSloooo.Sl,OOO 00; and iv) civil contempt under 2J PaC S f61141
12 The defendant and the plaintiff awee to the entry of an Order providins for the
foIIowina visitation schedule for their child, Samantha Lynn McConnell, pendina lUrther Order of
Court aft<< a c:oacifiatioft c:oNerence in the matter
a) The pitta will share IepI tuStody orthe child
b) The mother will have primary physical custody Dfthe child.
c) The father will have supervised visits with the child in the presence of his
mOlher, Darlien Frey, or another responsible third party mutually agreed upon by
Ihe parties, on dates and at times mutually agreed upon by the parties and
confinned with Ms. Frey prior to visitalion. Visitation will be scheduled through
the paternal grandmother, Ms. Frye, in Ihe event the parties are unable to
communicate to make the arrangements
d) The father will not use any illegal drugs and/or alcohol immediately prior to
or during his visits with the child,
e) The parties rea1ize thai their child's well being is paramount to any
differences they might have between themselves Therefore, they agree that
neither party will 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 l)Irent.
WHEREFORE, the parties request that Protection and Custody Orders be entered to
ret1ect the above terms
.:J} i-t 'xl.\( (YfCmre LL
'nda Kay McConndI, Plaintiff
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Carey, Attorney Ii
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LEGAL SERVICES. INC.
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Carlisle. P A 170 J)
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LINDA KAY MCCONNELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: 97-4202 CIVIL
JAY MAX MCCONNELL, III,
Defendanl
: CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Jonathan R, Birbeck, Chief Deputy Dislrict Attorney of Cumberland County,
Pennsylvania. brings the following Petition fDr a hearing on charges oflndirect Criminal
Contempt:
I, 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 ofan Indirect Criminal Conlempt Charge.
4. The District Attorney's Office approves the filing oflhis 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 IS the Court deems appropriate following the trial in addition to
any other sentence 23 PaC S A. *6113
WHEREFORE. the Commonwealth requests the defendant be commanded to
appear before the Coun on the charge of Indirect Criminal Contempt
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Respectfully submitted,
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Jonathan R Dirtleck
C1lief~ Di1trict Attomey
CRIMINAL COMPLAINT
(POLICE)
NUMBER
B
Robert V, Hanlove
DISTRICT JUSTICE
MAGISTERIAL DISTRICT NO, 09-1-02
1901 State Street
Camp Hill, Pa, 17011
Complaint Numbers II OlhOl Partlclpanll
A 78187
OTN
I,
Sgt Robert Gould
(Nun",,( ARia", J
East Pennsboro Township Police Department
( IJrtlti(1 dt"fHl"'ttt'III ,If """""1'rfH'fV"1N QllfI "oliliNl uNMlhllf)
COMMONWEALTH OF PENNSYLVANIA
DEFENDANT: VS.
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NIoME k'JaY..Hax~cConnell, . III
NoI) !~401~ont\'Stre'et..
AIl"RESS._ West ;F&itvieW'~'Pa, 17025
of
"'W/H/32:-r"t" DOB- 11-7-65
R.S.A
AKA
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do hereby Slale:
(I) ()X I accuse the above named defendant. who lives at the sddress set forth above or,
_ 0 I accuse an individual whose name is unknown to me but who is described as
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o his nickname or popular designation is unknown 10 me and. Iherefore. I have designated him herein as John
Doc, wilh violating the penal laws of the ('ommonweallh of Pennsylvania at 200 block of South Enola Drive
East Pennsboro TOWIUIhip (""'~,fbI.IfiIISMbJ'_J
in Cumberland ('ounly on or about 2100 hours 7-6-98
Participanls were (if"'- .....,..,10_,....,.."..._ _, ..,...,i"" ,.._"'.....tkfmd""'J
Jay Hax HcConnell, III
The acts committed by the accused were: 0
Defendant violated Protection From Abuse Order Number 97-4202 Civil Term, issued on
August 20, 1997 by the Honorable Judge George Hoffer: the defendant is enjoined from
having direct or indirect contact with victim (Linda Kay HcConnell) and is enjoined
from harassing victim. The defendant did drive by victim's residence and did yell
"whore" esch time defendant drove by victim's residence,
(2)
PROBABLE CAUSE
On 7-6-98 victia did report this incident by phone to this officer. Victim related
that the first tiM defendant drove by her residence ebe was outtde and saw and beard
defendant yell. V1ctia said the otber two tiMs she was inside however sbe did recoanize
the voice that yelled "whore'! as being that of the accused. East penneboro Townehip Pollee
does have a copy of above PFA Order.
all of wh,ch were a.aintl the ptace and diJnity of the Commonwulth of Pennsylvania and contrary to the Acl of Asscmbl~,
or In violation or ' .6114 _' and' :."or ~, of the Acl of ;T1t1a1'UProtect1on Froa Abuae
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(4\ I vmrJ llIal the ratts 1ft rertll ill tllis ctllftPlailll are tnIC and correct 10 the best 01 my t-Idtc 01' iIIr-tillll
and behd ThIS vwficatioll is mtdc ~, 10 IIle penaltlln or S<<tillll 4'lO4 or tilt CMlc, Co4c (II .... C. s.
I 49041 rela"R' to 11",_ r...ficaIHJn to alllllanha.
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AND NOW,'1Il Ill" dale _,",_,__,~_,__' 19 __,' I [erl,f, the c,omrJ..nthas bun rrurc'tl, C1""rktcd and
, . .
A KAY McCONNElL,
plaintiff
v.
: CUMBERLAND COUNTY, PENNSYL VANIA
l./2..0'Z-
: NO, 97-42&tCIVIL TERM
JAY MAX McCONNELL, m,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
PROTECTION ORDER
AND NOW, this~ day of August, 1997, upon consideration of the Consent
Agreement of the parties, the foUowing Order is entered:
I, The defendant, Jay Max McCoMdl, 01, is enjoined from physica11y abusing the
plaintiff: Linda Kay McCoMeII, or 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 limited to, telephone and written communications, except for the
limited purpose of taciIitating custody arrangements,
3, The defendant is ordered to refrain from harassing and stalking the pIaintift' and
from harassing her relatives and the minor children.
4. The defendant is prolubited from entering the plaintift's place of employment or the
day care facility of the panies' minor cbild,
S, The defendant is proIuDited from removing. da....gil\8. destroying or selling any
.
property owned by the plaintiff.
6 The defendant is excluded from the plaintiff's residence located at 214 South Enola
Drive, Enol&. Cumberland County, Pennsylvania. and is ordered to Slay away from any residence
the plaintiff may in the future establish for herself
7 The defendant is ordered to relinquish to the Cumberland County Sheriffs
~ment any WU(lOlIs he owns or pllSWS5ft. and the defendant is prohibited from acquirins or
possessing ~ (or the duration oftbl! Protection Order The wapon (rifle) confiscated
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&om the defendant by the CUmbcitmd cOumy
Protection Order shall remain in the Sherifrs custody fDr the tcnn of the Protection Order,
8. The defendant is ordered to reimburse the plaintift's out-of-pocket losses 0($30,00
suffered as a result of the destruction of her property (see paragraph 4(8) of the Petition for
ProtectiDn Order) listed on the attached sheet marked Exlu'bit A. The defendant shall pay the
total amount oflosses ($30.00) to the plaintiff within ten (10) days of the entry of the Protection
Order in the above-captioned matter, in the fonn of a money order made payable to the plaintiff;
mailed to her residence. An award under this chapter sha1I Dot constitute a bar to litigation for
civil damages for injuries sustained &om the acts of abuse giving rise to the award or a findi"8 of
contempt under this chapter,
9, Court costs and fees are waived.
1 0, This Order sha1I remain in effect for a period of one (I) year and can he 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. This Order sbaII be
enforceable in the same manner as the Coon's prior Temporary Protection Order entered in this
case.
II. This Order may subject the defendant to: i) arrest under 23 Pa.C.S. !611J; ii) a
private criminal complaint under,23 Pa.c.s. !6I13,l; ill) a charge of indirect criminal contempt
under 23 Pa.C-S, !6114, punishable by impriSOMleltt up to six months and a fine of $100.00-
$1,000.00; and iv) chil contempt under 23 Pa.C-S f6114'
12. The Em PeMsboro Township Police Depanment sha1l be provided with a
certified copy of this 0n1er by the plaintifl's anorney and may enforce this 0n1er by IITeSt for
indirect criminal contempt without WIlTlnl upon problble cause that this Order has been vU>lated.
whether or not the \ioIation is COINnitted in tbe prcscnce of tbe police ofticer. In the neat that
an arrest is made under ws section., the dcfttldant sha1l be takCft without unnecasary dday before
97-11707 rivil
Poy.: ?
credit for 17 d()Y$ PfPV10I1',}y ~,t'rv('t1 Iii I UIJ'. ',l'!dt'nu', rmd ~II:'
direct the ',entence run lOfleurrent IHtli tlv! o~Jl)ve lOIIt.empl
sentence Wt' oho {lid hor ill' I.ork f p, P!I',P on !l'nl em!'
The par tie " fur t tw r h n v i II \J (j g I !' eei 0 I I V i', j lot i [) Il
orrangelllent~, for IiiI:' p(jftJ,"~' IIlinol rll1}(I. !l,e COlin [lilt!!> !I('opt
thot visitation schet~ule ond orders the fo110l;ing
III Evt'ry Thursday t'vt'nlng beYlnnlng ul 5:00 pm, und
ending at 900 pm
(2) 'very other ...~p\;:'~(j :'''9inn1p9 01 5'00 P IT! on
F Ii day even j n9 ond I'fI(1i fi! n t 7 00 p r;, on Sunday e lien i n9
WeHenr1 visilntiw'5 shnl1 (OI1'(\(j(' with \li~.itation sctwGule of
p]oinl1ff's otne,' ('q,.irer:
{~} PtC(,-UD ailO Grnp-;'~" or tt'f) partle~ mipor child
sholl he moce tlY tie df~fl",cj,nt'~ n:,'IF;,,! or sistI!" fit the hame of
ttH'DIOlntlff
The defPIldant sholl not he DPrmittecl In the
'1iphil:l~ (LJlng tlH~ P~c.,--\lD H' t!tilP-l1ff (jf ~!iP child,
rhl~~ vl:;.ttntii'~() fi;'f1Pf ";hc:1 t~fUO:"! ill flfft-,cl until
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LI NDA McC ONNELL.
PlainU ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
97-4202 CIVIL TERM
V.
JAY MAX McCONNELL. III.
Defendont
IN RE: _INDIR.E.CL..c.Rlt1.lllAi.-..t.01:l.I.fMll
O.RDE.R Jlf _c. OURI
AND NOW, September 8. 1997. 10:55 a,m.. the defendant
haVing appeored in open court on a contempt of PFA allegation.
and the defendant having admitted the allegations of the
petition, we do find the petition to be supported beyond a
reosonable doubt, Having so found, we find the defendant to be
in contempt of court.
It appearing to the court that the defendant has
served seven days in the Cumberland County Prison prior to being
brought to court for this hearing, sentence of the court is that
the defendant ..1dergo an intermediate pun1st'lment sentence by
being placed on probation for a period of six months with
supervision for D & A testlng on the condition that the
defendant pay any costs associated with this proceeding, that he
undergo a drug and alcohol evaluation, and thot he comply with
any recommendations flowing fro. thot treat.ent. and that he be
and re~in on good behavlor, and that he .a1nt01n full-tlme
97-4202 Civil Term
In Re: PFA Contempt
Page Z
employment after he gets his Job this coming Wednesday.
In accordance with this order. he is now released from
custody, This takes the place of the hearing originally
scheduled for tomorrow ot 2:00 p,ro,
By the Court.
J.
Michael S, Schwoyer. Esquire
Chief Deputy District Attorney
ArIa M. Waller. Esquire
Assistant Public Defender
Probation Office
Sheri ff
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COMMONWEALTH
VS
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: 97-4202 CIVIL TERM
: CHARGE: INDIRECT CRIMINAL
CONTEMPT
: PETITION' 97-181
JAY MAX MCCONNELL, III
IN THE CASE OF JAY M. MCCONNELL, III UNDER PROBATION FROM THE
CUMBERLAND COUNTY COURT OF COMMON PLEAS.
PETITION FOR REVOCATION OF PROBATION
./
To the Honorable Judges of Cumberland County Courts,
1, WHEREAS on 9/8/97, Jay Max McConnell, III was sentenced by
the Honorable George E, Hoffer on the above charge to undergo
Intermediate Punishment by being placed on probation for a period
of six months with supervision for D&A testing on the condition
that the defendant pay costs, undergo a D&A evaluation, comply
with any recommendations flowing from that evaluation, and that
he be and remain on good behavior, and that he maintain full time
employment.
2. WHEREAS, Jay Max McConnell, III on 9/8/97 signed Conditions
of Probation indicating he understood them and agreed to abide by
them. His probation expiration date is 3/1/98.
3, WHEREAS, Jay Max MCConnell, III has violated probation
condition 11, "You must comply with the laws of the United
States, the Commonwealth of Pennsylvania, and the Community in
which you reside" and violated probation condition 13, "You are
to remain on good behavior" and violated a special condition of
probation, "Obey PFA" in that on 11/7/97 the defendant was
charged with Indirect Criminal Contempt of PFA (2 Counts) by Det,
Letitia Woodford, Cumberland County District Attorney's Office,
Criminal Investigation Division.
THEREFORE your petitioner prays this Honorable Court to determine
whether there has been a probation violation and if so, whether
the probation heretofore granted should be revoked,
I verify that the facts set forth in this petition are true and
correct to the best of my knowledge or information and bellef.
This verification is IIUlde subject to the penalties of section
4904 of the Crimes Code (18 PA C.S. '4904) relating to unsworn
falsification to authorities.
Re.pectfully Subaltted,
. ,
1/ ,111//
,-_""l4.li v~ 'l( ("..z." l-l. \. <..
Charle. ", Mc:Kend , 'eUUoner
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CERTIFICATION OF PFA CONTEMPT
Case Number q'l-ltJ.U'J. c.......J.' II';'(TO
Name .. )0..-'( Mo.1< M.<.'.('onr";~...\ \ ill-
it.!!:J S-'LL-\h (nl')\a.. Ik;\H.'...
("0\0.. PA 11~5
Victim's Name:
Balance Due: $ ....1aL3.L
ADD DE[.ETE
170 .State Surcharge $ $
171 State Fine $ $
260 Sheriff Cost ($1. 50 . any addtl) $~ $
207 District Attorney $ 10.00 $
204 Court Costs (Clerk of Court) $ 15.00 $
502 Restitution
Name Pro~~ono\or'l C~~ $ 45.50 $
Address
City State
Zip
Name $
Address
$
City
State
Zip _.
N_
Address
Clty
State
alp
Prothonotary Office
"nem CuUfY1n9 Infol"ll\ilUon k.....!} \\'\wtvUn !)I, Dete q.n...(l1
LINDA KAY McCONNELL,
Plaintiff
.' IN THE COURT OF COMMON PLEAS OF
v.
.' CUMBERLAND COUNTY. PENNSYLVANIA
. NO. 97- '$Ocn. CIVIL TERM
JAY MAX McCONNELL. III.
Defendant
.' PROTECTION FROM A8USE AND CUSTODY
RY PROTECTION ORDER
AND NOW. this
of August. 1997. upon presentation and consideration of the within
Petition. and upon finding that the plaintiff. Unda Kay McConnell. now residing at 214 South
Enola Drive. Enola, Cumberland County. Pennsylvania. is in immediate and present danger of
abuse from the defendant. Jay Ma:II McConnell. III. the following Temporary Order is entered.
The defendant. Jay Ma.x McConnell III. (SSN 192-58-(630)(008 11/07/65), now
residing at 214 South Enola Drive. Enola, Cumberland County. Pennsylvania, is hereby enjoined
from physically abusing the plaintiff. Linda Kay McConnell. or from placing her in fear of abuse.
The defendant is excluded from the marital residence located at 214 South Enola Drive.,
Enola, Cumberland County.. Pennsylvania. a residence which is leased by the parties, and is
ordered to stay away from any residence the plaintiff may in the future establish for herself
The defendant is ordered to refrain from ha\ing any direct or indirect contact with the
p1aintilT including, but not limited to. telephone and written communications.
The defendant is enjoined from harassing and stalking the p1aintilT and from harassing her
relatives, or the minor children
The defendant is enjoined from entering the plaintitrs place of employment or the schools
or day care facility of the minor children
The defendant is enjoined from remO\lng, damaiing, destroying or selling any property
o....ned jointly by the parties or o....ned by the p1aintilT
"-
A violation of this Order may subjrct the defendant to: I) arrrst under 13 Pa.C.S.
16113; II) a private criminal complaint under 13 Pa.C.S. 16113.1; ili) a charge of Indlrrct
criminal contempt under 13 Pa.C.S. 16114, punishable by Imprisonment up to six months
and. fine orsIOO.06-SI,OOO.OO; and Iv) civil contempt under 13 Pa.C.S. 16114.1.
This Order shall remain in elTect until modified or terminated by the Court and can be
extended beyond its original expiration date if the Court finds that the defendant has committed an
act ofabuse or has engaged in a pallem or practice that indicates risk of harm to the plaintiff
Temporary custody of Samantha Lynn McConnell, is hereby awarded to the plaintiff.
Linda Kay McConnell.
Tbe defendant is ordered to rrlinquish to the sherilrs department any weapons
wbicb be owns or possesses (a bunting riOe), and the defendant is prohibited from
acquiring or possessing any weapons for the duration of tbis Order.
A HEARING SHALL BE HELD ON THIS MA TrER ON AUGUST I V ,1997,
AT , I: (..,'1) AM., IN COURTROOM NO. L, OF THE CUMBERLAND
.
COUNlY COURTHOUSE., CARLISLE, PENNSYLVANIA.
The plaintilT may proceed without pre-payment of fees pending a further order after the
hearing.
The Cumberland County Sheritrs Department shall attempt to make service at the
plaintitrs request and without pre-payment of fees, but service may be accomplished under any
applicable rule of Ci\i1 Procedure.
This Order shall be docketed in the office ofthe Prothonotary and forwarded to the Sheriff
for smite The Prothonotary shall not send a copy of this Order to the defendant by mail.
The East Pennsboro T ownsbip Police Department shall be provided with a certitiecl copy
of this Order by the plaintift's attorney. This Order shall be enforced by any law ...dOl oauall
agency ,,-bcre a \ioIation oman by am:st for indit"ect criminal contempt ..ithout WII1IIll upon
LINDA KAY McCONNELL.
Plaintiff
.' IN THE COURT OF COMMON PLEAS OF
.' CUMBERLAND COUNTY. PENNSYLVANIA
v.
.' NO. 97-
CIVIL TERM
JAY MAX McCONNELL. III.
Defendant
.' PROTECTION FROM ABUSE AND CUSTODY
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$25.00
will be assessed against you. You may also be required to pay attorney fees to Legal Services.
Inc for their representation of the plaintilT
Vou Ibould take this paper to your IaWYllr at ontll. Iryou do not ban a lawyer or
tannot afford onf, to to or ttltphonf thf omtf 1ft rol1h brlow to Rnd out wbllft you aD
grt Ifill hrlp.
COURT ADMINISTRATOR. 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLF~ PENNSYLVANIA 17013
TELEPHONE NUMBER (7\7) 240-6200
~EBlCAN~ WITH DISAOIt,I1JES An OF 1990
The Court ofComrnon Pleas of Cumberland County is rrquired by law to ~ with the
Americans \\ith Disabilities Act of 19QO For infonnation about acceuibIc fiK:iIities aad
reasonabIf 6C'COlItftlOdations a\'8i1ab1e to disabled indi\iduall hl\ing businm before the caun..
pIase c:ontac:t our office All amngementlllll.lst be made at \.east 72 houn prior to allY helf~
or business before the court
a) On or about July 31. 1997. the defendant demanded money from the
plaintiff to buy drugs and when she told him she did not have any money. he
threatened to break everything in the house ifshe returned without money for him.
b) On or about July 30. 1997. the defendant telephoned the plaintilT at her
place of employment 6-7 times demanding to use her car. and when she refused to
let him take the car. the defendant yelled at her calling her names and hung up on
her. The defendant telephoned 34 more times and hung up on the plaintilT when
she answered.
c) On or about July 28. 1997. the defendant threw a bollle of deodorant at the
plaintilT striking her on the knee with it. The plaintiff sustained soreness about her
knee as a result of this incident.
d) On or about July 26. 1997. the defendant screamed and shouted in the
plaintiffs face. raised his arm in a threatening manner. and threatened to kill her
e) On or about July 24. 1997. when the plaintiff. accompanied by her 8-year-
old son. Justin. drove the defendant to his mother's home. he became angry. struck
the plaintilT on both sides of her head with the heels of his hands causing her head
to be jerked from side to side. grabbed her by the hair pulling a clump of hair out.
ripped her earrings out of her ears. and took the keys from the ignition. The
defendant screamed that he hated the plaintilt threatened to throw her keys into
the river. grilled his teeth close to her face and threatened her saying, "I'm gains
to kin you. ~ When the plaintilT tried to get her car keys to )lm"Cnt the defendant
from throwing them into the ri,'er. he pushed and sho\'td her about The plaintiffs
son. Justin. was terrified and screamed and cried The plaintiff sustained ~
and SOl'CfteS$ about her linger. and SOl eness about her head and eIl'1 as a i'eIUIt of
this incident
t) On or about July 23. 1997. the defendant appeared at the plaintiffs place
of employment without notice. started yelling at her. came behind the counter
where she stood. grabbed her by the ear with one hand. and struck her in the face
near her eye with his other hand. The plaintiffs co-workers who witnessed the
incident told the defendant to leave several times. but he ignored them and tried to
follow the plaintiff into the walk-in refrigeration unit where she went to get away
from him. When three male employees came to assist the plaintiff and the police
were called. the defendant left the store. The plaintiff sustained soreness about her
ear. and swelling and soreness about her eye and face as a result of this incident.
g) In or about mid.June 1997. the defendant grabbed the plaintilT around her
neck with both his hands as she bathed their 19-month-old baby. squeezed her
neck. and threatened to stab the plaintilT in the head with a knife. When the
plaintiff picked up the telephone to call the police for help. the defendant grabbed
the telephone out of her hand and threw it against the wall smashing the telephone.
The defendant left the room after the plaintiff's ll-year-old son. Robert. told him
to leave his mother alone.
h) In or about June 1996. the defendant slapped the plaintiff in the face while
she held their 6-month-old baby, Samantha, and pushed her against the wall.
i) Since approximately 1996. the defendant has abused the plaintilTin ways
including, but not limited to. pushing, shoving, and choking the plaintilT. pulling
her hair and grabbing her by the hair. thrO\..ing objects at her (e.g.. glasses. VCR
tape). and breaking household and penonal possessions belonging to the pIaintiIT
and/or threatening to do so The defendant has threatened to kill the pIaintiIT
5n'tfIItimes and the p1aintilT fears foe her safety
5. The plaintilT 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 nM of protection from such abuse.
6. The plaintilT desires that the defendant be prohibited from ha\ing any direct or
indirect contact with the plaintilT including, but not limited to. telephone and wrillen
communications.
7. The plaintilT desires that the defendant be enjoined from harassing and stalking the
plaintiff. and from harassing her relatives. or the minor children.
8. The plaintilT desires that the defendant be restrained from entering her place of
employment or the schools or day care facilities of the minor children.
9. The plaintilT desires that the defendant be enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties or owned by the plaintiff.
10 The plaintilT desires that any weapons the defendant owns or possesses (a hunting
rifle) be confiscated by the Sheritrs Department and that the defendant be prohibited from
acquiring or possessing any weapons for the duration of the Temporary Protection Order.
D.. EXCLl!SIyt; POSSESSION
II. The home at 214 South Enola Drive. Enola. from which the plaintiff is asking the
Court to exclude the defendant is owned by the plaintitrs parents. Nancy and Richard Walton.
The p1aintiIT and defendant rent the residence from the p1aintitr s parents. but there is no written
lease
12 The pIaintiIT currently has no place to stay with her children except the marital
home. and the defendant has family and fiiends in the area ",ith whom he can stay
I J. The plaintilT desires possession of the home so u to aM the greatest depc or
continuity to the lives of the children and to allow them to continue their education at thelr
schools and to continue their school and social activities
C. LOSSES AND REIMBURSEMENT FOR COST OF CASf;
19. The plaintiff has suffered losses as a result of the abuse by the defendant. The
losses are listed on Exhibit A allached.
20. Ordering the defendant to pay 5250.00 to Cumberland County. one of Legal
Services, Inc.'s funding sources. in lieu of allorneys' fees. as reimbursement for the cost of
litigating this case and assessing the 525.00 surcharge and court costs to the defendant if the case
goes to hearing.
D. TEMPORARY CUSTODY
21. The plaintiff seeks temporary custody of the following child:
&m Addrns
Samantha Lynn McConnell 214 South Enola Drive
Enola, PA
A&t
20 months old
DOB.' December 22. 1995
The child was born out of wedlock.
The child is presently in the custody of the plaintiff. Linda Kay McC onneilthe mother of
the child. and the defendant, Jay Max McConnell. I1J. the father of the child. who reside at 214
South Enola Drive. Enola. Cumberland County. Pennsylvania. The panies are married.
Since her birth the child has resided with the following persons and at the following
address:
&.m
Plaintiff: defendant. and
plaintitrs clulclrm,
Robert K. Pugh, Jr. Jessica M. Pugh,
and Justin A. Pugh
Addrns
214 South EnoIa Drive
EnoJa. PA
DIlCI
Oec:elnbei 22, 1995
to the present
22. The plaintiIT has not prMJus\y participated in any Iitiption con..d":" QIItody or
the above IIlCfItioned child in this or any other Coon
23. The plaintilT has no knowledge of any custody proceedings concerning this child
pending before a court in this or any other jurisdiction.
24. The plaintilT does not know of 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.
25. The best interests and permanent welfare of the minor child will be met if custody
is temporarily granted to the plaintilT pending a hearing in this mailer for reasons including:
a) The plaintilT has provided for the emotional and physical
needs of the child since her birth and is a responsible parent who
can best take care of the minor child.
b) The defendant has shown by his abuse of the plaintjlf that he
is not an appropriate role model for the minor child.
c) The defendant's behavior has adversely a1Tected the parties.
child and the plaintiff s children
WHEREFORE. pursuant to the provisions of the "Protection from Abuse Act" of October
7. 1976. 2J P.S. 16101 a BSI. as amended. the plaintilTprays this Honorable Court to grant the
following relief:
A. Grant a Tempomy Order pursuant to the "Protection from Abuse Act:"
I. Ordering the defendant to refrain from abusing the plaintiIT or &om
placing her in fear of abuse.
2. Ordering the defendant to refrain from having any direct or indirect
contact "ith the pIaintiIT including. but not limited to. telephone and
written communications
) OrderiI18 the defendant to refrain from harauins and ..alii.. the
pkiatiIT and from hara.saina her reIatMs and the minor ...bildlaa.
4. Prohibiting the defendant from entering the plaintil1's place of
employment and the schools and day care facilities of the minor children.
5. Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the panies or owned by the plaintiff.
6. Granting possession of the home located at 214 South Enola Drive.,
Enola, Cumberland County. Pennsylvania, to the plaintilT to the exclusion
of the defendant. and ordering the defendant to stay away from any
residence the plaintilT may establish for herself pending a final order in this
mailer.
7. Granting temporary custody of the parties' minor child. Samantha
Lynn McConnell to the plaintilT
8. Ordering the defendant to relinquish to the sheril1's department any
weapons which he owns or possesses (a hunting rifle). and prohibiting the
defendant from acquiring or possessing any other weapons for the duration
of the Temporary Protection Order.
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 elTect for a period of one year:
t . 0rderin8 the defendant to refrain from abusing the plaintiff or from
placing her in rear of abuse
2 0rderin8 the defendant to refTain from ha\ing any direct or indirect
contact with the plaintiff including. but not limited to. telephone and
MittCft communications
1 01";'. the defendanlto retrain from harusina and ...... the
plaintiff' IIId from harassin8 her reIativcs and the minor cIIiIcII'ea
4. Prohibiting the defendant from entering the plaintil1's place of
employment and the schools and day care facilities of the minor children.
S. Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the panies or owned by the plaintiff
6. Granting possession of the home located at 214 South Enola Drive.
Enola, Cumberland County. Pennsylvania. to the plaintilT to the exclusion
of the defendant. and ordering the defendant to stay away from any
residence the plaintilT may establish for herself pending a final order in this
mailer.
7. Ordering the defendant to relinquish to the sheriffs depanment any
weapons which he owns or possesses (a hunting rille). and prohibiting the
defendant from acquiring or possessing any other weapons for the duration
of the Protection Order.
8. Ordering the defendant to reimburse the plaintiffs out-of-pocket
losses suffered u a result of the abuse including but not limited to the
losses listed on the attached sheet marlLed Exhibit A.
9. Ordering the defendant to pay $250 00 to Cumberland ClllIIIIyo. one
of Legal Ser\ices, (nc 's funding IOUfCes, in lieu of attorneys' fees, as
reimbuncment for the cost of litigating this case and a-.mins the S25. 00
SUl'tharae and c:ourt costs to the defendant if the cue goes to hearing.
The plaintilTfurther uks that this Petitiun be filed and ICMd -'thou! pl}menc of'rea IIId
costs by the plaintiR: pending a further order at the heariai. IIId that a catificd ropy of this
PetitioQ IIId Order be dehered to the East ~~ ~Mo TOWftShip Poke Depe.h.-4 lWIlich his
jwitdiction to enforce this Order
The f 11. lliIT prays fix such odlcr relief as lIlIJ be juta IIId prosIC'f
.
LINDA KAY McCONNELL.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
v.
: CUM8ERLANDCOUNTY. PENNSYLVANIA
tf202
NO. 97 4294"CIVIL TERM
JAY MAX McCONNELL. III.
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
~OTECTION ORDER
AND NOW.thi~ day of August. 1997. upon consideration
Agreement of the parties, the following Order is entered
\. The defendant. Jay Ma.x McConnell. III. is enjoined from physically abusing the
of the Consent
plaintiff. Linda Kay McConnell. or from placing her in fear of abuse
2. The defendant is enjoined from ha\ing any direct or indirect contact with the
plaintiff including, but not limited to, telephone and written communications. except for the
limited purpose of facilitating custody arrangements
3. The defendant is ordered to refrain from harassing and stalking the pIaintilT and
from harassing her relatives and the minor children
4. The defendant is prohibited from entering the plaintiffs place of employment or the
day CUI facility of the parties' minor child
5 The defendant is prohibited from remcning, damaging, destroying or seIIina any
property owned by the plaintilT
6 The defendant is excluded from the plaintiffs residence located at 214 South Enola
Dm'e. EnoJa. Cumberland County. Pftmsyl\"ania. and is ordered to stay away from any raidence
the pIaintilTmay in the Iiltun: establish for hmdf
7 The defendant is ordered to rdinquish to the CIIIftbcrland COUftCy Sherilrl
Iltpanment any w~ he n\lrM or ~'IIC'. and the ddendant i\ prohibited ftom acquiril't or
poucssina any WCIpoM for the ......ion of the Protection Order The w~ (rille) ~()6ft~ 111d
from the defendant by the Cumberland County Sheritrs Department through the Temporary
Protection Order shall remain in the Sheriffs custody for the term of the Protection Order.
8. The defendant is ordered to reimburse the plaintiffs out-of-pocket losses ofS30.00
sutTered as a result of the destruction of her property (see paragraph 4(g) of the Petition for
Protection Order) listed on the attached sheet marked Exhibit A. The defendant shall pay the
total amount oflosses (S30.oo) to the plaintilTwithin ten (10) days of the entry ofthe Protection
Order in the above-captioned matter, in the form of a money order made payable to the plaintiff.
mailed to her residence. An award under this chapter shall not constitute a bar to litigation for
civil damages for injuries sustained from the acts of abuse giving rise to the award or a finding of
contempt under this chapter.
9. Court costs and fees are waived.
10. This Order shall remain in elTect for a period of one (I) 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 This Order shall be
enforceable in the same manner as the Court's prior Temporary Protection Order entered in this
case
II. This Order may subject the defendant to i) arrest under 23 Pa.C.S ~I 13; ii) a
pri\"8Ie criminal complaint under 2J Pa C S ~611 3. I; iii) a charge of indirect criminal contempt
under 2J Pa.CS ~6114. punishable by imprisonment up to sill months and a fine of $10000-
$1.000 00; and iv) civil contempt under 23 PaC S ~1141.
12. The East Pennsboro T Q\Ilnship Police Department s.haJI be provided with a
certified copy of this Order by the plaintiffs attOf1lC')' and may enforte this Order by arrest for
indirect crimina1 contempt wi1hout warrant upon probable cau. that this Order has been VIoIIted,
wllctber or not !be \1otatioo is committed in the pi" ~~ of the police oft"lCa' In the now that
an ancst is -X under this W\:tK."" the ~ shall be taLcn without ~ delay before
the court that issued the order. When that court is unavailable. the defendant shall be taken
before the appropriate district justice. (23 Pa.C. S. ~6" 3).
Join C~
LEGAL SIRVICES.INC.
Attorney for Plaintiff
Jay Max McCOIVIII:Il. III Ddtadant
c/o 0Irfieft Fft')'
40) FfOIlt Street
Well Ftir.ic..., PA 1701'
LINDA KAY McCONNELL.
PlaintilT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
v.
: NO. 97-4202 CIVIL TERM
JAY MAX McCONNELL. III.
Defendant
: PROTECTION FROM A8USE AND CUSTODY
CONSENT AGREEMENT
Jt-,
This Agreement is entered on this IS day of August. 1997. by the plaintiff. Linda
Kay McConnell and the defendant. Jay Max McConnell. III. The plaintilTis represented by Joan
Carey of LEGAL SERVICES. INC.; the defendant is unrepresented but is aware of his right to
have an attorney. The parties agree that the following may be entered as an Order of Court.
I. The defendant. Jay Max McConnell III. agrees to refrain from abusing the
plaintiff. Linda Kay McConnell or from placing her in fear of abuse.
2. The defendant agrees not to have any direct or indirect contact with the plaintilT
including, but not limited to. telephone and written communications, except for the limited
(lIXJlClIe offaciljtating visitation arrangements.
3. The defendant agrees not to harass and stalk the plaintilT and not to harass her
relatives and the minor children.
4. The defendant agrees not to enter the plaintiffs place of employment. the schools
of her minor children. or the day care facility of the parries. minor child.
5. The defendant agrees not to remo\'e., damage. destroy. or sell any property owned
by the plaintiff
6. The defendant agrees to slay away from the plaintiffs residence located at 214
South Eno\a Drive. EnoIa. Cumberland County. Pmnsy!\-ania. and the defendant agrees to stay
away from any residence the plaintilT may in the futuR establish for hcnelf
7. The defendant agrees that any weapons confiscated through the Temporary
Protection Order will remain in the custody of the Cumberland County Sherilfs Department for
the duration of the Protection Order. and agrees not to acquire or possess any weapons for the
term of the Protection Order.
8. The defendant agrees to reimburse the plaintil1's out-of-pocket losses of $30.00
sulTered as a result of the destruction of her properly (see paragraph 4(g) of the Petition for
Protection Order) listed on the allached sheet marked Exhibit A. The defendant agrees to pay the
total amount oflosses ($30.00) to the plaintilTwithin ten (10) days of the entry of the Protection
Order in the above-captioned mailer. in the form of a money order made payable to the plaintiff.
mailed to her residence.
9. The defendant. although entering into this Agreement. does not admit the
allegations made in the Petition.
10. The defendant understands that the Protection Order entered in this mailer will be
in elTect for a period of one (I) year and can be extended beyond that time if the Coon 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 The defendant understands that this Order will be enforceable in the
same manner as the Court's prior Temporary Protection Order entered in this case
II Violation of the Protection Order may subject the defendant to i) arrest under 23
PaC S ~I 13. ii) a private criminal complaint under 23 Pa C S ~I 13 I; iii) a charge of indirect
criminal contempt under 23 PaCS ~6114. punishable by imprisonment up to six months and a
fine ofSlOO 00-51.000 00. and iv) civil contempt under 23 Pa C S ~1141
12 The defendant and the p1aintilT asrce to the entry of an Order pro\'idina fur the
following visitation 1cheduIe for their child. Samantha L)"M McConnell pending fUrther Order of
Court afttr a conci1iation confmn<< in the matter
at The parties ~iU share IqaI custody of the child
-".1'1.
b) The mother will havc primary physical custody of the child.
c) The father will have supervised visits with the child in the presence of his
mother. Darlien Frey. or another responsiblc third party mutually agreed upon by
the parties. on dates and at times mutually agreed upon by the parties and
confirmed with Ms Frey prior to visitation. Visitation will be scheduled through
the paternal grandmother. Ms. Frye. in the evcnt the parties are unable to
communicate to make the arrangements.
d) The father will not use any illegal drugs and/or alcohol immediately prior to
or during his visits with the child.
e) The parties realize that their child's well being is paramount to any
differences they might ha,'e between themselves. Therefore. they agree that
neither party will 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
WHEREFORE. the parties request that Protection and Custody Orders be entered to
reflect the above terms.
-k'~ ~ kl ~. \,J-FCcnnc L L
Linda Kay McConnell PJaintilT
'1 ~
'.._-~-Y\../
~~~~
Jay M I. n. Defendant
,
LEGAL SERVICES. INC.
8 If\ine Row
(' arlisIeo. P A 170 JJ
(717) 241-9400
~fi""
LINDA KAY McCONNELL, . IN THE COURT OF COMMON PLEAS OF
.
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
V. . 97-4202 CIVIL TERM
.
.
.
JAY MAX McCONNELL, III . INDIRECT CRIMINAL CONTEMPT
.
Defendant .
.
IN RE: INDIRECT CRIMINAL CONTEMPT
Proceedings held before the Honorable GEORGE E.
HOFFER, J., cumberland County Courthouse, Carlisle,
Pennsylvania, on November 17, 1998, commencing at
11:40 a.lD.
APPEARANCES :
WILLIAM I. GABIG, hquire
Assistant District Attorney
For the coaaonwealth
TIMOTHY L. CLAWGU, hquire
Assistant Public Defender
For the Defencknt
---
1 Monday, November 17, 1997
2 Fifth Floor Courtroom
3 MR. GABIG: If it please the Court, this is
4 the time and place set for a hearing on a PFA violation,
5 Indirect Criminal Contempt, involving the defendant, Jay
6 McConnell. He is present in the courtroom with counsel, Mr.
7 Timothy Clawges. There has been a resolution that we are
8 prepared to propose to the Court.
9 The defendant, as I am sure the Court is
10 aware of, had just been before you approximately a month or
11 two ago, in September, and Buck McKenrick had filed, because
12 of our incident here, a revocation on that.
13 We are prepared to resolve all those matters
14 before you. The defendant is prepared to admit to violating
15 the PFA, and we are prepared to reco..end a sentence of two
16 to six months -- two months, I'm sorry.
17 THE COURT: Well, Mr. McKenrick, tell me
18 about what is your situation?
19 MR. McKENRICK: May I approach the Bench?
20 THE COURT: Yes.
21 MR. McKENRICK: There is the order from
22 Septuber 8th where he came in. You, appearil\C) to you that
23 he had .even days credit, put him on .ix month. probation
24 back on hptuber 8.
25 THE COURT: And when he appeared on September
2
1 8, that was on a contempt of a PFA allegation.
2 MR. McKENRICK: Exactly right.
3 THE COURT: He admitted that. And we
4 sentenced him at that point. That is what you wanted to
5 tell me about.
6 MR. McKENRICK: Exactly right. He was in
7 jail at the time. I went out to the prison after you had
8 done this and signed him up on six months probation. Got
9 him to sign conditions and so forth. Of course, the trouble
10 he is allegedly in today is what occasioned this to get
11 filed.
12 THE COURT: Oh, you have a probation
13 petition?
14 MR. McKENRICK: I filed a petition to revoke
15 probation on what you had done on September 8th, based on
16 why he is here today.
17 THE COURT: All right.
18 MR. McKENRICK: The n.w probl.ms h. ia
19 having.
20 THE COURT: All right. And is that petition
21 for revocation also on the table?
22 MR. GABIO: Pursuant to this agr....nt. Your
23 Honor, he is prepared to acblit to both of the. and run it
24 concurrent to the two IIOnths on both of th... It is not
25 scheduled for a h..tinq r1lj1ht nev, but because h. is golnq
:1
1 to admit to it
2
3 filed though.
4
5 to?
6 MR. CLAWGES: Your Honor, he is admitting to
7 the current charge, the current charge of violations of the
8 order. That being the phone calls and being present in a
9 place where she was too. Having contact with her that way.
10 As a result of those violations, he is also admitting to
11 being in violation of his probation.
12 THE COURT: Okay. The contact in the parking
13 lot, what did that amount to? Mr. D.A.?
14 MR. GABIG: Your Honor, Linda McConnell was
15 present there with children. It was at a church. He came
16 up to her, and there was an altercation between her -- she
17 was also in the presence of a male friend, and there was an
18 altercation.
19 THE COURT: A mouth fight?
20 MR. GABIG: There could have been. Now,
21 there vas an altercation also involving the male friend. I
22 think there is separate criminal charqes involving that,
23 so.. type of assault. But he vas -- he is not -- that is
24 not part of the basi. for the admission here.
25 It i. the fact he va. here and i. not
MR. McKENRICK: I want you to know it is
Just so everybody understands that.
THE COURT: All right. What is he admitting
4
1 supposed to have any contact with her, and there was verbal,
2 a verbal altercation.
3 THE COURT: I see Detective Woodford in the
4 courtroom. And, Detective, is there a separate charge
5 dealing with the male friend?
6 DETECTIVE WOODFORD: Yes, sir, but that is
7 not through the D.A.'s Office. That is through the local
8 jurisdiction are filing the criminal charges, because the
9 allegation was filed in front of that local jurisdiction,
10 East pennsboro Township.
11 THE COURT: So there is still something to
12 come in on that case?
13
14
15 Mr. Clawges?
16 MR. CLAWGES: Yes. He wu charged with
17 Simple Assault as a result of the incident with the male who
18 was there.
DETECTIVE WOODFORD: Yes, air.
THE COURT: Okay. Do you know about that,
19 THE COURT: Okay. And that is still alive,
20 and that i. not 90ing to be r.solved today.
21 MR. CLAWGES: That will not be r.solved
22 today. H. is awaiting a preli.inary hearing on that charge.
23 THE COURT: Okay. Jay Max McConnell, III,
24 you are .ittin4J beck there with your lawyer, and your lawyer
25 tell. .. you are adllittinq whatever the alleqaUone are in
5
1 this contempt petition dealinq with your actions on November
2 3 throuqh November 6, involvinq numerous phone calls and an
3 incident in the parkinq lot where you shouldn't have been
4 facinq your wife. Do you understand?
5 THE DEFENDANT: Yes, sir.
6 THE COURT: Are you so admi ttinq?
7 THE DEFENDANT: Yes, sir.
8 THE COURT: You understand the consequences
9 of that admission?
10 THE DEFENDANT: Yes, I do.
11 THE COURT: What are they?
12 THE DEFENDANT: That I could be incarcerated
13 for a length of time and --
14 THE COURT: Up to six months.
15 THE DEFENDANT: Yes, sir.
16 THE COURT: And what else?
17 THE DEFENDANT: And I just know I am not
18 supposed to have any contact of any type with her.
19 THE COURT: So you are adaittinq thes.
20 thinqs?
21 THE DEPENDANT: Yes, I aa.
22 THE COURT: All riqht. So you are proposinq
23 some re.olution, Mr. Gabiq?
24 MR. GAlla: Yee, Your Honor. We are
25 reco.aendinq and aqreeinq that the sentence be a two aonth
,
1 sentence on both the revocation and the current violation,
2 and that those be run concurrent.
3 THE COURT: You also have a copy of the
4 petition for revocation of probation. The Probation Officer
5 has filed that. He is askinq for a revocation on my order
6 of September 8, '97, where I put you in jail also I think.
7 I chanqe that, I did qive you probation that time,
8 considerinq that I think you had some jail time.
9 MR. McKENRICK: He had been in seven days.
10 The day you saw him in court, he had already been in there
11 seven days.
12 THE COURT: Okay.
13 MR. McKENRICK: And you, knowinq that, qave
14 him probation then.
15 THE COURT: All riqht.
16 has seven days credit on that. Okay.
17 that part of it too, Mr. McConnell?
18 THE DEFENDANT: Yes, air.
19 THE COURT: So when is the credit date on
20 this two month .entence?
21 MR. GABIG: The credit on the current charge
22 is from the 7th of Novellber. And then, as I think Mr.
23 MCKenrick just indicated, the defendant would have seven
24 days credit on the revocation sentence.
25 MR. McJtEMlUClCI Effective date on it would be
So he still I quess
Do you understand
7
1 the 10th.
2 THE COURT: Well, what do you want to say
3 before sentence, Mr. Clawges?
4 MR. CLAWGES: Well, Your Honor, I know Jay is
5 interested in being able to work. He would certainly like
6 to be eligible for any kind of Work Release Program, if that
7 is possible.
8
9 have a job?
lO
11
12
13
14
15 Bloomfield.
16
17 work?
18 THE DEFENDANT:
19 picking me up at .y residence.
20 THE COURT: Somebody going to pick you up at
:u jail?
22
2 J Your Honor.
24
25
THE COURT:
That is fine with me.
Do you
THE DEFENDANT: Yes, sir.
THE COURT: Do what?
THE DEFENDANT: We do roofing work, sir.
THE COURT: For?
THE DEFENDANT: American Abate.ent out of New
THE COURT:
How do you get back and forth to
Well, the supervisor was
THE DEFENDANT:
I can't say that for sure,
THE COURT: You will have to work it out.
THE DEFENDANT: Yea.
8
1 THE COURT: Anything else?
2 MR. CLAWGES: My only other concern is that
3 he receive the proper amount of credit. By our
4 calculations, a total of seventeen days, ten this time and
5 th~ seven from September. That is all I have.
6 THE COURT: What is seventeen days?
7 MR. GABIG: Your Honor, I don't agree with
8 that. What I am saying is that he gets credit on the
9 probation violation for his seven days that he had there,
10 and he gets credit on ours from when he has been in, but you
11 don't coabine the two and give him double credit. Hr.
12 Clawges is shaking his head. I don't know if he agrees with
13 me or -- but I am agreeing to run them concurrent, but I
14 don't want to give him double credit.
15 THE COURT: Yeah. You have got seven days
16 credit on the probation, and you have got ten days credit on
17 this piece of business today.
18 MR. Mcl(ENRICK: If Your Honor give. him two
19 to .ix concurrent, the clock would tick on this matter on
20 Noveaber, what 18 the date, the 7th, and today ia the 17th,
21 ao if we 9ive him .even day. credit on the probation
22 violation, two to aix, if that i. what you are deciding to
23 do, that would take effect the 10th. We would back that up
24 to the 10th. SO it would over -- they are going to run
25 concurrent, but the probation violation sentence of two to
9
1 six would overlap a little bit and exceed by a few days, not
2 a lot.
3 THE COURT: Well, I will give you seventeen
4 days credit on the probation and ten days credit on this
5 piece of business today. So what else do you want to say,
6 sir, anything else?
7 THE DEFENDANT: No, sir, just that I am sorry
8 that the incidents took place and I'm sure it will never
9 happen again. I apologize to the Court and to my wife for
10 what had happened.
11 THE COURT: This is strike two, sir. I don't
12 under.tand what it take. for you to get the mes.age here in
13 the courtroom when we speak so plainly just face-to-face.
14 What causes these phone calls?
15 THE DEFENDANT: I don't know, Your Honor.
16 With the kid involved, it is just difficult.
17 THE COURT: So are these calls about
18 arranging custody or visitation or so forth?
19 THE DEFENDANT: Some of thell are, sOlie
20 aren't.
21 THE COURT: Well, how about the one. th.t
22 .ren't, Why .re they nec....ry?
23 THE DEFENDANT: Well, I don't know, Your
24 Honor. It is just -- I don't know. I get pr~l.ed to s..
25 my child, I don't get to .ee her, I get upset.
10
1 THE COURT: Whoa.
2 are about custody and visitation.
3 aren't.
4 THE DEFENDANT: Yes, sir.
5 THE COURT: I am asking you about the ones
6 that are not related to that.
7 THE DEFENDANT: Well, that is what I am
8 trying to tell you. Whenever I call about the child, I do
9 not get the child, I get upset. I call and say things that
10 I shouldn't say. It is --
11 THE COURT: Are you doing this because you
12 are drinking at the time?
13 THE DEFENDANT: No, sir. Just that I --
14 THE COURT: Mrs. McConnell? Is that Mrs.
15 McConnell?
16 THE PLAINTIFF: Yes.
17 THE COURT: Do you have this visitation in
18 writing, aa'a., or how is it?
19 THE PLAINTIFF: No, he gets her when I say he
You told me some of them
You told me some of them
20 can.
:n THE COURT: I can't hear you, .a'a..
22 THE PLAINTIFF: I let hi. usually have her
23 when he vanta her.
24 THI COURT: SO this ia not in wriUnql
25 THI PLAINTIff: Mo.
11
1 THE COURT: Well, do you have somethinq that
2 you would like to see so that we can cut the phone calls
3 down?
4 THE PLAINTIFF: We could set up an
5 arranqement, a weekly thinq.
6 THE COURT: What?
7 THE PLAINTIFF: We can make out a weekly
8 aqreement on custody or somethinq.
9 THE COURT: Are you ready to put somethinq on
10 paper?
11 THE PLAINTIFF: (No verbal response)
12 THE COURT: What do you want to tell me that
13 I can use to cut the contact down between you and Jay Max?
14 Do you have any suqqestion for me, ma'am?
15 THE PLAINTIFF: Set up certain days he can
16 qet her and have his mom come and pick her up.
17 THB coURT: I can't hear you, u'am.
18 THB PLAINTIFF: Set up certain day. he can
19 qet her .0 hi. mom can pick her up.
20 THE COURT: His 110II can pick him up?
21 THE PLAINTIFF: Pick her up.
22 THI COURT: I _ ju.t havinq a probl_
23 hearinq you, aa'_. 'I'tuIt is all. So you think that if Jay
24 Max'. mom picked the kid. up, that would eliminate the
25 probl_, cut th_ clown?
12
~l
1 THE PLAINTIFF: We tried that. Sometimes she
2 don't want to come pick her up. That was the agreement with
3 the protection order, that somebody in the family come and
4 pick her up and bring them up to home. They don't want to.
5 THE COURT: Mom doesn't want to pick them up?
6 THE PLAINTIFF: A lot of times, no.
7 THE COURT: Is there somebody else?
8 THE PLAINTIFF: His sister can.
9 THE COURT: Will sis do it?
10 THE PLAINTIFF: His sister. I don't know.
11 THE COURT: Yes.
12 THE PLAINTIFF: She can if she wants to. I
13 don't know if she will.
14 THE COURT: Okay. Well, is your mom ready to
15 pick these kids up for you?
16 THE DEFENDANT: She, Your Honor, she has
17 tried. She has made phone calls to Linda, and Linda has
18 hung up on my mother.
19 THE COURT: You are saying that doesn't work?
20 THE DEFENDANT: Sometimes it does.
21 THE COURT: How about sister?
22 THE DUENDANT: My sister is living in
23 Halifax right now. Recently ahe bought a house and they
24 will not be --
25 THI COURT: SO that doesn't work?
13
1
2 month or two.
3 THE COURT: Okay. What plan do you have in
4 mind?
5 THE DEFENDANT: I was hoping maybe her
6 parents maybe would drop the kid off at some point, or maybe
7 an aunt could piCk them up. I don't know at this time.
S THE COURT: All right. Well, it sounds like
9 both of you should try to iron this out in some fashion.
10 And maybe Mr. Clawges can point you in the right direction.
11 And have you been to Legal Services or anything?
12 THE PLAINTIFF: For what?
13 THE COURT: For this custody or divorce or
14 anything.
15 MR. GABIG: She doesn't qualify.
16 THE COURT: Doesn't qualify. Point her in
17 the direction of the Dickinson Law Clinic, maybe they are a
18 little looser up there, maybe they might help her get it
19 ironed out. You are going to have to try something there in
20 order to cut the face-to-face contact down between you, and
21 over the.e kid., to eliainate so.. of this .tuff.
22 Mr. Gabi9 say. that he will point you in the
23 direction of the Dickinson Law Clinic, where you can talk to
24 the.. )'OUn9 lawyers up there. And you ai9ht have a 900d
25 chance of 9UtIh9 tb.. to help you get this reaolved.
THE DEFENDANT: Not for probably another
14
1 THE PLAINTIFF: Okay.
2 THE COURT: okay.
3 THE PLAINTIFF: Thank you.
4 THE COURT: All right, here is my order.
5 (Whereupon, the following Order was entered.)
6 AND NOW, November 17, 1997, 11:55 a.m., Jay
7 Max McConnell, III, having appeared in open court on a
B second complaint of Indirect Criminal contempt of our PFA
9 Order, and having admitted the allegations of the petition
10 for incidents occurring November 3 through November 6, 1997,
11 we do find the petition to be supported beyond a reasonable
12 doubt.
13 Having so found, we sentence the defendant to
14 a tera of imprisonment in the CUmberland county Prison of
15 not less than two months nor more than six months. We give
16 the defendant credit for service of time on this sentence
17 from the date of his incarceration on November 7, 1997. We
18 authorize that the defendant uy be placed on the Work
19 Release Proqram.
20 The defendant also appearing on a petition
21 for revocation of his probationary sentence ordered on
22 Septeaber a, 1997, and having admitted the allegations of
23 the petition for revocetion, we do find that petition to be
H supported beyond e reallOMble doubt.
2S Having so found, we revoke the prior
15
1 probationary sentence and sentence the defendant now to a
2 term of imprisonment in the CUmberland County Prison of not
3 less than two months more nor than six months. We give the
4 defendant credit for seventeen days previously served on
5 this sentence, and we direct the sentence run concurrent
6 with the above contempt sentence. We also authorize work
7 release on that case.
THE COURT:
By the Court,
/s/ Georae E. Hoffer. J.
Is there anything else, Mr.
8
9
10
11 Gabig?
12 MR. GABIG: No, Your Honor.
13 THE COURT: Ms. Woodford?
14 DETECTIVE WOODFORD: Sir, if they can co.e up
15 with a specific ti.e at this particular point that they can
16 agree on visitation days, can there be an order put down on
17 that? And that will eli.inate telephone calls. And then if
18 at soa. point they 'let into court and have a custody
19 hearing, thsn that can be changed at that particular ti.e.
20 THE COURT: That could be done. I will add
21 it to this order now if we have
22 DITECTIVE WOODFORD: If the defendant can
23 COIlS up with a particular day and have it be alJreed upon by
24 the plaintiff? Let--
25 THE COURT:
I will add it to the order now if
16
.
1
I
j
,
I
I
l
I
I
i
,
I
!
1 the parties can agree. But, anyway, is there anyth1ng else
2 on this case, on these sentences?
3
4
MR. CLAWGES: No.
THE COURT: All right. Well, I have got
5 another matter to handle here. I will give you a chance to
visitation and tell me if you want anything on it.
(Whereupon, the proceeding was concluded
at 12:00 p.m.)
6 huddle on
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
17
1
2
3
4
5
6
7 contained
8 the above
9 same.
10
11
12
13
14
15
16
CERTIFICATION
I hereby certify that the proceedings are
fully and accurately in the notes taken by me on
cause and that this is a correct transcript of
----------------------------------
The foregoing record of the proceedings on the
17 hearing of the within matter is hereby approved and directed
18 to be filed.
19
2
23
24
25
t1~J
.
iet
~ .'.
11
5. On November 17. 1997. after a hearing at which the Court found the defendant in
Indirect Criminal Contempt of the Protection Order. and revoked his probation. the Court
modified the Custody Order of August 20. 1997. to include a specific visitation schedule for the
defendant. See attached Exhibit B incorporated herein by reference.
6. On or about May 17. 1998, when the child returned from a weekend visit with the
father, the mother was unpacking the child's overnight bag and found a packet of what she
thought was drugs. She immediately took the bag with the packet in it to the East Pennsboro
Township Police Department. The police tested the substance and confirmed that it was heroin.
The father has been a drug user for approximately 15 years.
7. The mother reported the incident to the Cumberland County Criminal Investigation
Division of the District Attomey's Office on or about May 18. 1998. and Cumberland County
Children and Youth Services (CCC&YS) is investigating the matter. CCC&YS advised the
mother to request that Legal Services, Inc. modify the current custody provisions to restrict the
father's access to the child for her protection.
8. The mother fears for her child's welfare if the father's visits are not supenised.
The mother discussed the matter with the father's mother who agreed to supervise the visits
9. The father has willfully violated the terms of the Custody Order of August 20.
1997. and endangered the welfare of the child by using drugs and/or exposing the child to drop
during his periods of custody with the child.
WHEREFORE.. the plaintiff requests that a conciliation conference be scheduled rqardina
modification of the CUstody Order and that pending further Order of Court. the father's c:ontact
with the child be supenised by a responsible third party 0( the mother', choice for two hour
(
'..
LINDA KAY McCONNELL,
PlaintilT
: IN TIlE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-4204 CIVIL TERM
JAY MAX McCONNEll, m.
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
CUSTODY ORDER
AND NOW. this .,,:2l.~y of August, 1997, upon consideration of the parties' Consent
Agreement, the following Order is entered with regard to custody of the parties' child, Samantha
Lynn McComell, 20 months old, DOS: December 22, 1995.
1. The p.inhfl: hereinafter referred to as the mother, and the defendant, hereinafter
1I:f......d to as the father, sbaIl shan: legal custody of the child.
2. The mother sbaIl have primary physical custody of the child.
3. The defendant, hereinafter referred to as the father, sbaIl have supervised visits
with the cbild in the prescnc:e of his mother, DarIien Frey, or another lesponsibIe thin:! party
nllJf11l111y qreed upon by the parties, on dates and at times mutuaI1y qreed upon by the parties
and confirmed with Ms. Frey prior to visitation. VISitation will be sc:heduIed throush the pIlemal
paodmothcr, Ms. Frye. in the event the parties are unable to communicate to lIIIke the
arranpmeIItS.
... The father sball not use iIlegal dnJp lIIdIor alcohol immediately prior to or durina
lis visits with !be dild
5. 11is Order sbaIl remain ill etfect wd fUrther Order ofCOUI1.
EXHIBIT A
LINDA K, McCONNELL.
Plointiff
IN THE COURT OF COMMO~ PLEAS OF
ClIMBERIAND COUNTY. PENNSYl VAf'lIA
VS
97--li707 CIVIl TPM
JAY MAX McCONNELL, II 1.
Defendant
PROTECTION FROM ABUSE
lN RE: U.DIRECTCRIMWALCONTfJ1PI
ORD.EE OFeQUEI
AND NOW. NovemtJer 7. 19Q7, 4:07 P.tIi . the defencJont
having been brought to court on a petltion for orre~t, alleging
a violation of our prior PFA Order, ond the defendant having
been brought to court for the fl~in9 of boll for u hearing on
Monday, November 17, 1997. 01 3';0 a m in this courtroom, WP
fix boil in the amount of $5.000.00 rash or professional bond.
By thp COWl.
Offlei!' of the Dis1rir:l AU,)I !'Pi
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Assistant PubUt Defeniler
Probation Office
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OFFtCE: OF THE: DISTRICT ATTORNE:Y
OF CUMBERLAND COUNTY.
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CRIMINAL COMPLAINT
(POLICE)
COMPl.AINT NUMBER
YEAR
TYP
NUMBE
Robert V. Manlove
DISTRICT JUSTICE
MAGISTERIAL DISTRICT NO. 09-1-02
1901 State St.
Camp Hill Pa. 17011
Complaint Numbers if Other Participants
57759
INCIDENT NUMBER UCR NO. OTN
97093139' 2000
I.Ptlm. Neil P Co11
( \,mll'Il!,~lfia""
or East Pennsboro Twp PO
(Mt'IItll1 J..f'tl"'''''''' "r "'Ilt'll.' n'IIfIVnf.,./ ,wJ ",1/11/'11/ ~llht/HI\/lI" j
COMMONWEALTH OF PENNSYLVANIA
DEFENDANT VS.
r
~ME JAY MAX McCONNELL III
AND 40l Front St.
AOOHESSWest Fairview Pa. 17025
W/M/31
H S A DOB: 11-07-65
AKA SSN:192-58-0630
o his nickname or popular designation is unknown to me and. therefore. I ha'e deSIgnated him herein as J,'hn
Doc; with ,'iolating lhe penal la\\s or lhc Common\\calth of I'cnns)"lsama at 214 S. Enola Dr.
Enola Pa. East Pennsboro Twp. tIll.,.., r"h""III,\.llhclm.\lIItfl
in Cumberland Counl)" on or ah,'uI 09-01-97 1137 Hrs.
':::: r.lftlcipant"i were (II ,ht"" ".~' f'4Jnnlf'IJm\, (lid. t' ,11,'1' n.",tn Ir"",'. "'{'t'/I!m;: rll!' ~.,mt' ,,/ uh.JtI'Jdl'flJ,.m11
JAY MAX McCONNELL III
(2) The acls committed b)" Ihe accused \\cre: @ The DEF. was in direct violation of COURT ORDER
of JUDGE GEORGE E. HOFFER in No. 97-4202 CIVIL TERM issued on 09-20-97 in
Cumberland County Court under Protection From Abuse Statute. In that order, the
Defendant is excluded from the Plaintiffs residenfe at 214 S. Enola Dr. DeL 1s
further excluded from 8honing resiaence w1th the except10n 0 custoay arrangements.
On Monday, Sept. 1 the Defendant did go to Plaintiffs residence and knock on
front window of same, as well as go onto the rear porch of the residence and
knock on back door. Said actions occurred at 1137 Hrs. at which time LINDA
McCONNELL (Plaintiff) called 911. Upon police arrival the palintiff stated
the DEF. had just left the residence on a bicycle, south from the area.
While in the rsidence speaking with Plaintiff, Def. did telephone the residence
and identify himself to this officer. Dei. is excluded from telephoning
Plaintiffs residence except for custody arrangements. This officer did also Hsten
tQ Pl~intiffs ,uswering maehipe ~hich did tontain ~ meSS4&e from the Def. io whicb be did
ide~t1fy himselt, and State thal he was com1ng to the residence. Message left at 1101bra 09-0t-97.
all of \\hl(h \\ere a,aon,l Ihe peacc and d"l1Il) of Ihe Common..eallh of I'cnns)hama and n1l11rar) to Ihe Acl of "'..cm!>h.
or In ""Iallllll or 10190 and or lhc "<I ,.f Title 42 PIOTICTIOR ACT. .
! ""'k",/ t .\Ilb ""'/lJIf/
do hcrch)" slalc,
(I) ~ I accusc the abose named defcndanl. ..ho li"les al the addrcss sel li'rlh ahmc or.
- 0 I accuse an individual \\hosc namc is unknown In me hut \\ho is dcs<:rihcd as
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(.11 I ask that a \\arrant of arrc,t or a ,umn",", hc ",ned and that thc a"u.....d he reqUired h' ans..er Ihe char~,
I ha>e made.
HI I 'cnf) thaI the fa;:1s "'I ">rlh .n Ih" "omr1aont arc truc .tnd ;:"ne,1 h. Ihe hc,1 "t mj krk,..ltdte '>r lIlf,lflnal....'
and hcltcr 1hl\ 'enf'cat"", " madc su"J",-t to' lh" pellahle' ,'1 'kCIIl'l' "III>> ,'f the ('nme, ("-.lc LIS l'a (' s
* .Ij(~ I re'al'n'_I~'_:~~~'n'al"h'atlll1 t"1:u;;,
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.."hcll. and that there "'::'~~''l ''''WIn' "I r'''''''' -1\ ~ ~"
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0fIQIUL . WllWYfltSf .. ,0.. .."fJ' ....n '1";C!""'H.<';
LINDA KAY McCONNELL,
Plaintiff
IN TIlE COURT OF COMMON PLEAS OF
v.
. CUMBERLAND COUNTY, PENNSYLVANIA
Lf202
NO. Q7-Q6<t('IVIL TERM
JAY MAX McCONNELL. III.
Defendant
PROTECTION FROM ABUSE AND CUSTODY
"",OTECTION ORDER
AND NOW.thi~ day of August. 1997. upon consideration
Agreement of the parties. the following Ordcr is entered
The defendant. Jay Max McConnell. III. is enjoined from physically abusing the
of the Consent
plaintilf. Linda Kay McConnell. or from placing her in fear of abuse
2 The defendant is enjoined from ha\ing any direct or indirect contact with the
plaintiff including. but not limited to, tclephone and wrillen communications. except for the
limited purpose of facilitating custody arrangements
.1 The defendant is ordered to refrain from harassing and stalking the plaintiff and
from harassing her relatives and the minor children
4 The defendant is prohibited from entering the plaintitl's place of employment or the
day ca,. facility of the panies' minor child
S The defendant is prohibited from removing. damaging. destroying or selling any
propeny owned by the plaintiff
6 The defendant is excluded from the plaintiffs residence located at 214 South Enola
Drive. EnoIa. Cumberland County. Pennsylvania, and is ordered to stay away from any residence
the plaintilT may in the future establish for hersdf
1 The defendant is OIdet~ to relinquish to the Cumberland County Sheritrs
llepanment any ~ he own.. or J'Mlle'S.WlI, and the defendant i\ prohibited from atqUiring or
pl~ any llielpol\$ for the duration of the ProIection Order The weapon (rifle) confiscated
from Ihe defendant by Ihe Cumberland Counly Sheriff's Depanment through the Temporary
Protection Order shall remain in the Sheriff's custody for the term orthe Protection Order.
8 The defendant is ordered to reimburse the plaintilfs oUI-of.pocketlosses ofS30.oo
suffered as a result of the destruction of her propeny (see paragraph 4(g) of the Petition for
Protection Order) listed on the attached sheet marked Exhibit A The defendant shall pay the
total amount oflosses ($30 00) to the plaintiff within ten (10) days of the entry of the Protection
Order in the above-captioned matter. in the form of a money order made payable to the plaintiff.
mailed to her residence An award under this chapter shall nol constitute a bar to litigation for
civil damages for injuries sustained from the acts of abuse gi\ing rise to the award or a finding of
contempt under this chapter
9 Coun costs and fees are wai\'ed
10 This Order shall remain in effect for a period of one ( I ) year and can be extended
beyond that time if the Coun finds that the defendant has comminoo an act of abuse or has
engaged in a pattern or practice that indicates risk of harm to the plaintiff This Order shall be
enforceable in the same manner as the Coon's prior Temporary Protection Order entered in this
case
II This Order may subject the defendant to i) arrest under 23 Pa C S ~113; ii) a
private Climinal complaint under 23 PaC S thll3 I. iii) a charge of indirect criminal contempt
under 23 Pa C S ~114. punishable by imprisonment up to six months and I fme of SIOO 00-
S1,OOO 00. and iv) ci1.il contempt under 23 Pa (' S ~6114 I
12 The f.ast Pmnsboro Township Pulice Depanment shall be provided with a
certilied copy of this Order by the plainlitrs attorney and may enfon:e this Order by amst for
indtrect criminal contanpc without wamnt upon probable cause that this Order has been violated.
whetllcr or not the \1oIat1Oll is ~ in the prCJCII(:C of the poIiI:e oftic:u In the nmt that
an armt is .... under thit tectiorI. the ~ .. be ~en ,,1thout \11Ift( .of"O..., cIday before
LINDA KAY McCONNELL.
Plaintiff
. IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
v.
: NO. 97-4202 CIVIL TERM
JAY MAX McCONNELL. III,
Defendant
. PROTECTION FROM ABUSE AND CUSTODY
CONSENT AGREEMENT
This Agreement is entered on this I S fl.-, day of August. 1997. by the plaintiff. Linda
Kay McConnell. and the defendant, Jay Max McConnell, III. The plaintiff is represented by Joan
Carey of LEGAL SERVICES. INC , the defendant is unrepresented but is aware of his right to
have an attorney. The panies agree thatlhe following may be entered as an Order ofCoun.
I. The defendant, Jay Max McConnell, III. agrees to refrain from abusing the
plaintiff. Linda Kay McConnell. or from placing her in fear of abuse
2. The defendant agrees not 10 have any direct or indirect contact with the plaintiff
including, but not limited to, telephone and wriuen communications, except for the limited
pIlfpOfe of facilitating visitation arrangements
1 The defendant agrees not to harass and stalk the plaintiff and not to harass her
relatives and the minor children
4 The defendant agrees not to enter the plainlil1's place of employment. the schools
of her minor chiIdrm. or the day care facility of the panies' minor child
S The defendant agrees not to remove. damage. destroy. or sell any property owned
by lhe pIaintiIT
6 The defendant agrees to stay away from the pIaintifh residence Iocaled at 214
South EnoIa Oriw. EftoIa. Cumberland County. Pennsylvania. and the dd'endanl agrees 10 stay
away ftoaI any ~ttiJ I ICe tile pIainlift'may in tile NtllR establish for hcndf
7. The defendant agrees thaI any weapons confiscated through the Temporary
Protection Order will remain in the custody of the Cumberland County Sheriffs Department for
the duration of the Protection Order. and agrees not to acquire or possess any weapons for the
term of the Protection Order.
8. The defendant agrees to reimburse the plaintiffs out-of-pocket losses of $30.00
suffered as a result of the destruction of her property (see paragraph 4(g) of the Petition for
Protection Order) listed on the attached sheet marked Exhibit A. The defendant agrees to pay the
total amount of losses ($3000) to the plaintiff within ten (10) days of the entry of the Protection
Order in the above-captioned mailer. in the form of a money order made payable to the plaintiff.
mailed to her residence
9. The defendant, although entering into this Agreement, does not admit the
allegations made in the Petition
10 The defendant understands that the Protection Order entered in this matter will be
in elTect for a period of one ( I ) year and can be extended beyond that time if the Court finds that
the defendam has committed an act of abuse or has engaged in a pattern or practice that indicates
risk of harm to the plaintilT The defendant understands that this Order will be enforceable in the
same manner as the Court's prior Temporary Protection Order entered in this case
II Violation of the Protection Order may subject the defendant to i) arrest under 23
PI C S 161 \3. i:) a private criminal complaint under 23 Pa (' S 161 \3.1; iii) a charge or:ndirecl
criminal contempt under 23 Pa C S 16114. punishable by imprisonment up to silt months and a
line O(SIOOoo.$I.OOO 00. and iv) civil contempt under 23 Pa (' S 16"" I
12 The deftndant and the plaintiIT awee to the Cfttry 0( an Order ptOYidina fur the
followina \Uiwion schedule for their child. Samantha Lynn McConnell pmdina ftatthef Order 0(
('oun Ifttf a COClciliItion confae.k.~ in the matter
.) TIlt l*1ies will shan: IepI wstody of the dlild
b) The mother will have primary physical custody of the child.
c) The father will have supervised visits with lhe child in the presence of his
mother. Darlien Frey. or another responsible third party mUlually agreed upon by
the parties. on dates and at times mutually agreed upon by the parties and
confirmed with Ms. Frey prior to visitation. Visitation will be scheduled through
the paternal grandmother. Ms. Frye. in the event the parties are unable to
communicate to make the arrangements.
d) The father will not use any illegal drugs and/or alcohol immediately prior to
or during his visits with the child.
e) The parties realize that their child's well being is paramount to any
differences they might have between themselves Therefore. they agree that
neither party will do anything whkh may estrange lhe 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.
WHEREFORE. the parties request that Protection and Custody Otders be entered to
ret1ect the above terms.
.J)" i-t xt ~. \l1C'CLnne LL
~ Kay McConnell. Plaintiff
I (' ~
~~.~~fi . ilf
LEGAL SERVlctS.INC
II Irvine Row
CatfisIc, P A 170 U
(717) 2..1-9400
-:s:~~~~
Jay M II. Defendant -
LINDA KAY McCONNELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
97-4202 CIVIL TERM
JAY MAX McCONNELL, III,
Defendant
PROTECTION FROM ABUSE
IN RE: PETITION FOR EXTENSION OF PROTECTIVE ORDER GRANTED
ORDER OF COURT
AND NOW, this 4th day of August, 1998, based on
the allegations in the petition for Extension of the Order, and
based upon the Domestic Relations Act at Subsection E, the Court
does find that the Defendant committed one or more acts of abuse
subsequent to the entry of the final order in this case, and,
therefore, we extend the provisions of the order of August 20,
1997, for one year after that date.
By the Court,
.J.
Joan Carey, Esquire
Legal Services, Inc.
For the Plaintiff
_ f'~ ~.l g/,./ft.
--II 11 At'
Austin F. Grogan, Esquire
Assi8tant Public Defender
For the Defendant
.
_ c.,...:... ~ _~t....J..i. ,
Sheriff
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