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HomeMy WebLinkAbout00-07827 TINA MCKEE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF VS. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- 78"Ji CIVIL TERM WAYNE MCKEE, JR., DEFENDANT : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A HEARING ON THIS MATTER IS SCHEDULED ON ~\J\.lMlxr \ ~ ,DXl,AT \ ~ ~() P.M., IN COURTROOM NO. ~ OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, lPENNSYL VANIA. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months injail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. S2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. S 2261-2262. You should take this paper to your lawyer at once. You have the right to have a l!lwyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to fmd out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. '~, :7,,~'$ ,"!!I'M!. ,~.'~"-'>lrJ/.A\>l",'~dJWi.j,"'~,M-l!il~~~lli~;;.Iw:i;;"!";<~''-~'''';li-'''A",,,,-',"1i,,,*,..'8l'~t,~.-n""""'"'"~b~'ili""~.,;~",,,~~~!M~j~~~:i>,r::l ~~"'-~ '.'-'-, . _',<",,,". ,_,."""'''"~~, ~_ ~ _~"_"''''' .,.~. , _~ ,~,~,m,.., O' F'"I rCil_(:~.:r::I(\C - ...J V!lIVI.. """'Tf-'r'i'()TARY 00 NOI/-6 AM 9: 15 CUi'/,G~ilLA\ID COUNTY PENi\!SYLV/\i\I/,'; ,,0,., ., i e,,~', ___~ ._ "_~l_ ~- H" ~. ~.-. 1 , , Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Tina Louise McKee v. : No(X!1-~.ii- Wayne Elmer McKee Jr. Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Wayne Elmer McKee Jr. Defendant's Date of Birth is: February 7, 1964 Defendant's Social Security Number is: 203-52-8369 N ame( s) of All protected persons, including Plaintiff and minor children: 1. Tina Louise ~cKee AND NOW, JJ<< f ~nsideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: 28 Middle Springs Road, Shippensburg, P A or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. ,,,'. ~,"" ., ..~- - r" 3. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or plac.e of employment. Defendant is specifically ordered to stay away from the followmg locations for the duration of this order. Plaintiff is employed at the residence located at 28 Middle Springs Road, Shippensburg, Pennsylvania. 4. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. Wayne Elmer McKee m 2. Dylan Ray McKee 3. Justin Michael McKee Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: -Plaintiff shall have custody of Justin McKee and Wayne McKee III pursuant to this Court's Order of May 30,1991. -Plaintiff shall have primary physical custody of Dylan Ray McKee. - Defendant shall return the children to the mother's custody immediately. -Defendant shall have partial custody ofthe three children every other weekend and other times agreed upon. The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. The following additional relief is granted: -This Order shall be docketed in the office of the Prothonotary and forwarded to the Port Orange County, Florida Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. -This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court fmds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. \_~, -."". "-. -Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. -Defendant is to refrain from harassing Plaintiff's relatives. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: The Pennsylvania State Police 8. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 9. THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MAY 3, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months injail. 23 Pa.C.S. g6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.s. g6113. Defendant is further notified that violation of this Order may subject himfher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. g~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 5 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or 'i~ p~ '" "c.' ~. " ~ - . threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Judge -----.------------~-- n -1~ Distribution to: Legal Services Faxed & Mailed to PSP TRUE COPY FROM RECORD In Testimony hereof, I here unto set my hand hand and the seal of said Court at Carlisle, Pa. This _ day of ,2000. Prothonotary ~~ ~,~ q", ""'F~_~ ~~ ~ ~ _ _~~ ,_ - .~ ~ . PF AD Number: RB 1156064N Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Tina Louise McKee v. : No. 00 --rtfJ? Wayne Elmer McKee Jr. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Tina Louise McKee 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Tina Louise McKee 4. Plaintiff's Address is : 28 Middle Springs Road, Shippensburg, P A 17257 5. Defendant's Name is: Wayne Elmer McKee Jr. 6. Defendant is believed to live at the following address: 637 Aurora Street, Daytona Beach, FL 32119 7. Defendant's Social Security Number is: 203-52-8369 :"~ -~, - ~ -". -. .-- .' -1. -, 8. Defendant's Date of Birth is: February 7, 1964 9. Defendant's Place of employment is: Chestnut Grove Construction, 90 Chestnut Grove Road, Shippensburg 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse 12. The Plaintiff and the Defendant been involved in the following court actions: a. Custody I3. Other details of the court action are: -McKee v. Mckee -Custody 91-1866 Cumberland County Court of Common Pleas -See Order granting Plaintiff primary physical custody of Justin and Wayne McKee. The Order is attached and incoporated by reference. 14. The defendant has not been involved in a criminal court action. 15. Plaintiff and Defendant are the parents of the following minor child/ren: a. Justin Michael McKee Age: 12 years old Child's address is: 637 Aurora Street, Daytona Beach, FL 32119 b. Wayne Elmer McKee III Age:l0 years old Child's address is: 637 Aurora Street, Daytona Beach, FL 32119 c. Dylan Ray McKee Age:7 years old Child's address is: 637 Aurora Street, Daytona Beach, FL 32119 1:',.-_ ~'l ~ , ".. '. 16. There is an existing court order regarding the custody of the Plaintiff's and Defendant's minor children. The terms of the order are: ---Plaintiff has primary physical custody of Justin and Wayne McKee. ---Defendant has partial custody every other weekend and at other times mutually agreed upon between the parties. ---Plaintiff seeks to confirm primary custody of Justin and Wayne Mckee to her pursuant to this Court's Order docketed at 91-1866. --- The Custody Order does not include the youngest child, Dylan McKee who was not born at that time. --- Plaintiff asks that Defendant be ordered to return the children to her custody immediately for reasons including the following: Defendant fraudulently removed the children from Pennsylvania and took them to Florida without Plaintiffs knowlegde on or about October 26, 2000, and Defendant has kept the children out of school and has placed them in danger by not giving them all of their required medications. County: Cumberland County State: Pennsylvania 17. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. Justin Michael McKee For the past 5 years, this child has lived with: Plaintiff and Defendant 3703 Roxbury Road, 1995 until 1998 Shippensburg, P A Plaintiff and Defendant 28 Middle Springs Road 1998 until 2000 Shippensburg, P A b. Wayne Elmer McKee III For the past 5 years, this child has lived with: Plaintiff and Defendant 3703 Roxbury Road, 1995 until 1998 Shippensburg, P A Plaintiff and Defendant 28 Middle Springs Road 1998 until 2000 Shippensburg, P A c. Dylan Ray McKee F or the past 5 years, this child has lived with: Plaintiff and Defendant 3703 Roxbury Road, 1995 until 1998 Shippensburg, P A Plaintiff and Defendant 28 Middle Springs Road 1998 until 2000 Shippensburg, P A ;".,,- , ,- - Plaintiff seeks primary physical custody of Dylan McKee. 18. The facts of the most recent incident of abuse are as follows: On or about October 21, 2000, Defendant grabbed Plaintiff, pushed her through the door, and punched her several funes in the head. Plaintiff went to the police station and from there was transported to the Chambersburg Hospital. Plaintiff suffered headaches, ear ache, and brusing as a result of the incident. 19. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or about August 2000, Defendant threw a power tool at Plaintiff who had to move out of the way to avoid being hit causing her to fear for her safety. In or about the beginning of Summer 2000, Defendant became angry, threw all of Plaintiffs clothes outside, and shoved her out the door. 20. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: The Pennsylvania State Police 21. There is an immediate and present danger of further abuse from the Defendant. 22. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 28 Middle Springs Road, ShippensilJurg, P A Rented By:Wayne and Tina McKee 23. Plaintiffhas suffered out-of-pocket financial losses as a result ofthe abuse described above. Those losses are: Hospital bills totaling $2,016.00 which Plaintiff incurred as a result of the incident of abuse on October 21, 2000. 24. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence ofthe Plaintiff. c. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: .ifm ,~'^ , -. - Defendant shall immediately return custody of the children to Plaintiff. -Defendant shall have partial custody ofthe three children every other weekend and at other times agreed upon between the parties. d. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. f. Order Defendant to pay the costs of this action, including filing and service fees. g. Order the following additional relief, not listed above: - Defendant shall refrain from harassing Plaintiffs relatives. - Defendant is enjoined from daml\ging or destroying any property owned solely by the Plaintiff or jointly by the parties. - Defendant shall pay $250.00 to one of Legal Services, Inco's funding sources as reimbursement for litigation in this case. h. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: 114/trcJ / / oan Carey, Attorney Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ii :1- Distribution to: Legal SerVices, Inc. Fax and Mail to PSP " ~ VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Dated: II - I - ()O - / { J( q L(ilILv?, Tina McKee, Plaintiff ,J;,r -,~- - TINA L. MCKEE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : vs. CIVIL ACTION - LAW NO. I fc (" CIVIL 1991 WAYNE E. MCKEE, JR., Defendant CUSTODY : AND NOW, TEMPORARY C~ODY ORDER this ___~____ day of May, 1991, upon consideration of the Petition for Special Relief, primary physical custody is granted to the Plaintiff with the Defendant having partial custody every other weekend and other times to be mutually agreed upon between the parties. By the Court, -it1Jt-I J. TRUE COPY FROM RECORD In Testimony hereof, I here unto set my hand hand and the seal of said Court at Carlisle, Pa. This _ day of ,2000. Prothonotary '~~'-'~~ ~~ -~, ~, ,',~~, . .~,,"..' .. ,~-, .-~, ~ ~ C) 0 ~ -- ('\ . . . 0 ~ a ." D..- eft -- <A -- ~ D,.... ~ . "'" a:. ~ ~ ~ V) !1 ~ -..j v c <S ~ <:s ~ ~ c....... >< ~ cf ~ ~ l1- \E >- \.!) ~ is ere :z: " N :;><( ~J..rz C)7 F~~~ a..~ CJ:..::c ("':r,,_-. C)::3 L~S~ 0') -:;")- S~ LL~ t,,_ I ~'f-, , ;::.'" C.I::Z LL ~.:.. UJW j:::: CJ [Q n.. Z k"'_ LL .~ 0 ::::> 0 0 <.) I I I I I I I I: " I Il " l 1""_1 1; ~ , l' <l , "- " \:J J ~~ ;ll[~~Jll!!!l'llo<;: ~.,=_~.)~~'li!t'iji!'!WOOl~!!~W.~rilfl!""~lt"'o~t~ffi;;:_1I1~'!Y~"";~>l)Fdl!ilj!:ffl~Il'iI;"!"lliliPM~~1['-;!I'~"p,,,q1l't;WJworR'.~"'~~"'~;"n'''''''''';''';\\'~~~R~~V~'fflffi1"''''''f'''''''"<-r-~,~!\mll,~WW u 11/06/00 MON 10:2S FAX 717 240 6573 CUMB CO PROTHONOTARY 14J00l h, *************************** *n MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2263 01I9p2405331 03I9p2438026 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR . OFFICE OF '!HE I'RGI'H<NJl'ARY ClMlERLAND a:xJNTY CQUR'IlICUSE .. OOE CCJUR'IlICUSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 FAX ~: psP LS /) . C.efl{a,{ 'rOL~5Stl1.j tj-cJ..4-D- 0631 VIA TELECOPIER TO: --, FRG1: CURTIS R. LONG RE: fJ FA Orc!..-elf5 MESSAGE : . Ill- '.' ... 00. OF PAGES (IN:LUDING rovER SHEET) This ~ is intarla:l ally fur tte \.Be of tte irdiv:idJ..B.l eX" 61tity to Wrid1 is is cilll. -I. a:rl1TEfi a:ntaininfumatim !tat is p:ivile;Jrl. a:nf:idential arl earpt fu:m iHcr-l,..",u-e U"li& 'tP1 inonlp IaN. If tte m:rec- of this ~ is rot tiE intarl9:l r:e::ipia:lt. ~ are tEr:lt:Jt rotifie:j lh3t ffl/ cliseaniretiJ::n. c:li.stril:1lba eX" o::pfirg of this onmrucatirn ~ strictly prlUbitErl. If ~ l'aI.e re:eiw:! [Jus mnnnir.r.Ja1 in emr. pleeee rctify lS immiiate1y ~ lE1fPl:re a:rl return tie adginalll "T lD LE at '"'~d 1 ~-~,=~, , ~, ~. ) Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Tina Louise McKee v. Wayne Elmer McKee Jr. Defendant : No. 007827 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE ORDER ASSESSING COSTS And now, this 16th Day of November, 2000, Wayne Elmer McKee Jr. (Defendant) is hearby ORDERED to pay costs in the above action. Costs Include: Domestic Violence surcharge $25.00 Total: $25.00 Cash or Money Order payable to Clerk of courts Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Office of Costs and Fines 2nd Floor It is further ORDERED that said costs shall be paid by December 14, 2000. ~ ;',,;05 ll-J7"OO RK~ .__ rn ".~ l1!t~1:~~:;j;ii,[:;:;;J,,','C,,","~,-,~:i'4i'Z;i",,'10~4mm~jMilI:/iijJ\\W-'"'e;;~Wj~",,;,-,,~M1,ti'llllil~~:i:4f!7~'il<'!'i$,.,,~m~~j'N~-E',,~i,j_~"'--'~H~;lJI"!.!05~~m~-.... 'O~'I'-:JCE , "'TI;",\I"""ARV , , -, '; \',~}: I CO f'ell J 0' P" j n 3: 29 In, II'" , -.'U lv', tj''',r'l "",,', 1""ur"TY . ;::' 1~.J 'rl ,U vU \f PtNNSYLVANIA ,""'Of' .'~~_ __.,J. .,' ". ,~~ .~ . "~, Distribution to: Legal Services Faxed & Mailed to PSP Wayne McKee 1129 Means Hollow Road Shippensburg, P A 17257 ~r'.T '"""" 'eJ" , - rr--, Respondent Tina Louise McKee : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. . : No. 007827 Wayne Elmer McKee Ir. Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Wayne Elmer McKee Jr. Defendant's Date of Birth is: February 7, 1964 Defendant's Social Security Number is: 203-52-8369 Name(s) of All protected persons, including Plaintiff and minor children: 1. Tina Louise McKee Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: David Lopez and Joan Carey, Legal Services, Inc. . Defendant appeared personally and is unrepresented. AND NOW, this 15th Day of November, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiffs request for a Final Protection Order is granted, after hearing upon finding abuse within the PF A Act. Plaintiffs request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. ~"'F.'_ -~ " 2. Defendant is completely evicted and excluded from the residence at: 28 Middle Springs Road, Shippensburg, P A or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff is employed at the residence located at 28 Middle Springs Road, Shippensburg, Pennsylvania. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the following minor children: 1. Wayne Elmer McKee III 2. Dylan Ray McKee 3. Justin Michael McKee shall be as follows: . SEE ATTACHED ORDER 6. The following additional relief is granted as authorized by 96108 of the Act: -Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. -Defendant is to refrain from harassing Plaintiff's relatives. -Donna Richardson and Richard Stache shall facilitate the transfer of Defendant's personal property to him at times agreed upon by the parties. -Defendant is ordered to pay the costs of this action, including filing fees service fees, and surcharge of $25.00. ' ]',,:,'r~,",_, 7. A certified copy of this Order shall be provided tothe police department where Plaintiff resides and any other agency specified hereafter: The Pennsylvania State Police 8. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 9. All provisions of this order shall expire on: May 16, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (SO) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~226S. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C 992261-2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through S of this order may be without warrant, based soley on probable cause, whether or not the violation is cormnitted in the presence of the police. 23 Pa.C.S. 96113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The shall maintain possession of the weapons until further order ofthis Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. j~{ If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. President Judge J9.<l~ If entered pursuant to the consent of plaintiff and defendant: Plaintitl's Signature Defendant's Signature Distribution to: Legal Services Faxed & Mailed to PSP \ii;ayne McKee 1'129 Means Hollow Road Shippensburg, PA 17257 t CF(lJ:m -fY1 aAtl /}-/7-00 RJ{S Wb, PSP,CP,LS J1\cb~J... b, PSP /1-/?-00 ~X5 a-,;J _,~ .' " ~,~ . -.q- ~< ^ ",p_. -~-o ,-- "'_b ~ ~- ,~" ,-,~~, ~~, -:,~;)- . " - <_."~'_~ - "h ,- ,~ >.. r-' r-.: ~~~ ::Z ::J -.... ;.U Cj"', (,~~~ :S:: -<", il_ S, c::~ -.. '-.'""'~ "'-:. t_") :::::J (~) C) W F~; ''''.1 -~~':1 Z .J:: Z l~L: ., , c:, '_,"-J UJ ,:.Ll 0- ;;::.::. ~~ li_ C'") =--) () C- O -' flll!l!~'ljllii:wJ"J!lmllj'<H'J!l~!~~~~_W!'W'~'~~~_"'_;,:'W#JM~filjft;<ffl!-;l'i#N'''''~'!,0'!1!',"~~'""I:;q;;'J~"""_,'r'T;,,,,?,W-""'i--~-'''''I'tJ'll'l''ffiqf.W!ili'l''''W~",~W4l'~''""-".~1'--'r"""!'i~~~'f!flllli4'!;lWfflJ~ TINA MCKEE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2000-7827 CIVIL TERM WAYNE MCKEE, JR., DEFENDANT : PROTECTION FROM ABUSE AND CUSTODY TINA MCKEE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 1866 CIVIL 1991 WAYNE MCKEE, JR., DEFENDANT : CUSTODY ~STODY ORDER AND NOW, thist(day of November, 2000, after a hearing regarding Protection from Abuse and Custody and at the direction of this Court that the parties present an agreed upon custody schedule in which the Plaintiff retains primary physical custody subject to the Defendant having a specific partial physical custody schedule, the following Order is entered with regard to custody of the parties' children: Justin Michael McKee (DOB 4/7/88), Wayne Elmer McKee III (2/17/90), and Dylan McKee (DOB 5/10/93). 1. The plaintiff, Tina McKee, hereinafter referred to as the mother, and the defendant, Wayne Elmer McKee, Jr., hereinafter referred to as the father, shall share legal custody of the children. 2. The mother shall have primary physical custody of the children. 3. The father shall have partial physical custody of the children according to the following schedule: .~~, ". ""--^\C',-~.~,, a. Every other weekend from Friday at 4:00 p.m. until Sunday at 7:30 p.m. commencing November 17, 2000. b. Every Wednesday from 4:00 p.m. until 7:30 p.m., and c. Other times agreed upon by the mother and father. 4. The father may take the oldest child, Justin, hunting upon 24 hour notice to the mother. Father shall supply the mother with the approximate location where the child will be hunting, and Father shall supervise Justin at all times during the hunting trip. The father shall not permit the two younger children to go into the woods during hunting season. 5. The father and mother shall share Thanksgiving, Christmas, and Easter each year according to the following schedule: a The mother shall have the children from 8:00 a.m. until 2:00 p.m. b. The father shall have the children from 2:00 p.m. until 8:00 p.m. 6. The father is responsible for transporting the children to and from the mother's residence for his periods of custody. 7. Neither parent shall remove the children from the Commonwealth of Pennsylvania without the consent of the other parent. If either parent takes the children away from the home overnight, that parent shall provide the other parent with an address and phone munber where the children can be reached. 8. The mother and father shall notify each other of all medical care the children receive while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. 9. Each parent shall notify the other at least within 72 hours of any change of address or telephone number. -'~."I ~"_, _,,",,'~_~'_ ~_ 10. Neither parent shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. This Order is entered without prejudice to either party to request a conciliation conference, but the Order shall remain in effect pending further Order of Court. By the Court, Joan Carey and David Lopez Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle P A 170 13 Wayne McKee, Jr., Defendant 1129 Means Hollow Rd. Shippensburg P A 17257 If., - i >- c:: <( 1,- ~i~;2 c' u.' ~.::_. c:t l-u lL () ~~,.., 11<:1 v~ 0 III ,,~, _o'~' .'.r_ ." '~4'-~"~~^ '". ,..- C 'z :;;0< , )~- C)?; ..~~ ~,H LLl :"._~ [1- .':'; :3 o u~ ;:zc a N :> Sl de. a C) :;'''Wl~-mWH~''''~''''.lfIl!l'i''''"*,,,,~~!rl'~~~-l''r"~w:lIW~t1'~[iM".;WiN\<'f\I~!!I~_,";-~'''''''_~'1,,;c,,:,~,--,--"i""'_"~ ';~!'-""W"_,_"';'~W'2',:iF"(l'J.;'~.F.i~.i'W-\''''~F''''!f.P.\\'.'~'F~''-'-'.,.- ji';'--"'fl''f'''1'*'''f'!1%j!Ii'1:''M1!R~!mlW"'fA'<1. 11/17/00 FRI 10: 03 FAX 717 240 6573- . .. CUMB CO PROTHONOTARY 141001 *************************** *** MULTI TN REPORT *** *************************** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2290 01] 9p2405331 03]9p2438026 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR ----. , OFFICE OF THE PRarHCNOTAR'f CUMBERLAND COON1"i COUR'lllOOSE U'IE lXXJR1liOOSE SClUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 TO: LS (enl. Pe.oce55. PA. STATE POLICE V I ATE LEe 0 PIE R fAX #: 717-249-0779 E'R01 : CURTIS R. LONG RE: PFA. ORDERS MESSAGE: -----It- t'Xl. OF PA.GES (IN:WDING COVER SHEET) -------- --- 'Ihi$ ~ is in1:J:':rIBj, ally ftx' tTe I.Ee of t:I:E irdiv.id.a1 0= E!ltity 1:0 ...rn.cn is is cO:h.~, .:ro nay CXIJt:ain ;itlfumll:icn ttet is p:ivi.lep:l. OO"If~tial ad e<BIIX fron c1i:;rl""m:': urler 'rr\';,."nl", 1;w. (f tIe ~ of this II "'T is rot tlB il'lta"ded ra::ip.ient. ~ are ~ rotifil:rl Ihrt IDf dissEmiratia>. "''''''''-;h <Hm nr C(D{~ tf. this COlTTU'lli:aticn is strictly );Xdribi.ta:l. If}UI taI.e J:B:ei~ tius ...._ .~...nn:::lll ~ to L6 61,. CERTIFICATION OF PFA CXNl'EMPI' CASE NlHlER 00-7827 CIVIL TERM NAME WAYNE ELMER McKEE JR VICTIM'S NAME: 637 Aurora St. Daytona Beach FL 32119 TINA LOUISE McKEE BALANCE DUE: $ 70.50 ADD DELETE $ $ $ $ $ $ $ - $ $ - $ $ 45.50 $ 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME PROTHONOTARY ADDRESS CITY STATE ZIP NAME DOMESTIC VIOLENCE SURCHARGE $ 25.00 $ ADDRESS A'" CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP PROTHONOTARY OFFICE pERSON CERTIFYING INFORMATION DAT !,;~~. / , I / A / ~,. , TINA LOUISE MCKEE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW INDIRECT CRIMINAL CONTEMPT WAYNE ELMER MCKEE, JR., Defendant 00-7827 CIVIL TERM IN RE: RULE TO SHOW CAUSE ORDER OF COURT AND NOW, May 4, 2001, in consideration of the attached petition, the Court issues a Rule to Show Cause on the defendant why he should not be adjudged in Contempt of Court for failing to pay the sums set forth in the petition. The Rule is returnable and the hearing shall be held on Friday, June 1, 2001, at 9:30 A.M. in Courtroom No.4, Cumberland County Courthouse, Carlisle, Pennsylvania. Service of the Rule to be made on defendant by First Class Mail. By the Court, A4 Hess, J. :dp ;~ ".,..~~ '"-<" '... - , -~'" :%i;iliwfiiU~~;'Illi-J;&,Mrl.<;ii,~(il"i'E't,:iO~&i"llii!i!'.bfuot~;.;E""1''-'''-''':'"''''_~''"''i>i.',,,-oiJ;,!,,,.,,,,,,,:;,j2.,~~"Ui$~it@ljjjlllll!.II'lli,./i!..~,,,,r,.!'_~';,,,,_iiI<I-jJ;;~~~llMiiilllili~.~ .~ iilJ'<"~ hi I , '.,;,- ," ", ':- OJ'~b::::;~ ,~, ""Jr-.RY ("J'I 'I!' 'J _. P" e J",I"':! w fJH 3; no CUMdLHLr({) COUNTY PENNS'rlVANIA ' _' ,< l! ,.~.< " . _ - _"""""""""'q,, '''<'''_M_~_''_,~^,',,!_'' . ,.'_~'_' ~.'" ",~, ",.' <,--",... .,,..,..-~^...,,,.", ,,--- ,". ',n)", ,"~'"' - - ~ TINA LOUISE MCKEE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHARGE: INDIRECT CRIMINAL CONTEMPT 00-7827 CIVIL TERM WAYNE ELMER MCKEE, JR., Defendant PETITION TO SHOW CAUSE WHY THE DEFENDANT SHOULD NOT BE HELD IN CONTEMPT OF COURT AND NOW, May 4, 2001, the Probation Office of Cumberland County, respectfully petitions Your Honorable Court to issue a Rule why the defendant should not be held in contempt of court. The defendant has failed to comply with the Court Order dated November 16, 2000. The defendant has failed to: [] Report to the Probation Office in person at the time and date set by the Collections Officer. [X] Make regular payments on the fine, costs and restitution as agreed. The defendant has agreed to pay $70.50 per month. Date last paid was never. The balance is $70.50. I verify that the facts set forth in this petition are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of section 4904 of the Crimes Code (18 Pa. C.S. @4904) relating to unsworn falsification to authorities. Respectfully submitted, ~k.V~ Petitioner ::"',,,.....,"" ,,'- ., . . TINA LOUISE MCKEE, Plaintiff v WAYNE ELMER MCKEE, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-7827 CIVIL TERM INDIRECT CRIMINAL CO~TEMPT IN RE: BENCH WARRANT ORDER OF COURT AND NOW, this 1st day of June, 2001, a bench warrant is issued for the arrest of the defendant. Michael Mervine, Esquire Assistant District Attorney Probation ~ Sheriff ~~ :bg - O{)-7t8) C. ~~\< ee- yl\CK €c <' -1,1\ J\~'t:Q.-f Cft\'rn\ YlOvI COf\ ~€M~t. - /J 1\ f-iW-",1" PJ- ~~ &~C,O ,.-,%~_?",~, ~~:"""'''''''~''''' - ',,~-z ''';C'_~', ., C-I. ',' By the Court, /1-4- ,-. '; , Tina Louise McKee Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW Wayne Elmer McKee, Jr. Defendant CASE NO. 00- 7827 CIVIL BENCH WARRANT TO THE SHERIFF OF CUMBERLAND COUNTY: You are hereby commanded by the Court of Common Pleas of Cumberland County, Civil Division, to take Wavne Elmer McKee, Jr. who stands charged in said Court for FAILURE TO APPEAR IN COURT, and forthwith bring the said person before the Court. or one of the Judges thereof, to be dealt with according to the Law. Wi tness this 21st day of June , A. D., ~2001 Curtis R. Lona Prothonotary By: 41'" . o InJ4P.. , Deputy ADDRESS: _617 Al1rnr.=. !=;+r~,::a+ T1rtyh''\r1i=1 ~~(""n, l<'l('\r;n~ ~Jl1q DOB: S.SEC.# SEX: M RACE: W HT: W~. . . EYES: HAIR: , ., -, ~ - -' - ~ '-.-' -- -- ~- -,- ,,'. -, . . .-- '. ,"-..' .__._----~-~._~ - '.~~~".,-~ ~ - - , .~" -"