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HomeMy WebLinkAbout01-05726 SANDRA JUDITH MARCELLA, Plaintiff vs. JEFFREY DOUGLAS McKAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol- 5726 CIVIL TERM PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this ?~ day of October, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Wednesday, October 10, 2001, at 1:30 p.m. by this Court's Order of October 2, 2001, is hereby rescheduled for hearing on Wednesday, November 28, 2001, at 11:00 a.m. in Courtroom No. 3 on the 4t" Floor of the Cumberland County Courthouse, l Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through April 2, 2003, or until further Order of Court, whichever comes first. By the Court, e E. o r, Presi t Judge David A. Lopez, Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row , Carlisle, PA 17013 i:a~~~o•~.P~-d /vQ-//-a/ William T. Tully, Attorney for Defendant ° MANCKE WAGNER HERSHEY & TULLY 2233 North Front Street Harrisburg, PA 17110 so:~ ~d ~l ~-:,~p io ~,-„~.'t'~ J ,~t~Cj t . -, f . ; ~~`e'G"' i tl.~:' ~: ,:aG - -"'j';In,~ l :~,. ~,~ ~` 3 SANDRA JUDITH MARCELLA, Plaintiff vs. JEFFREY DOUGLAS McKAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI-5726 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Sandra Judith Marcella, by and through her attorney, David A. Lopez of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: A Temporary Protection From Abuse Order was issued by this Court on October 2 , 2001, scheduling a hearing for October 10, 2001, at 1:30 p.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse on October 2, 2001 at his place of employment, The Train Yard Gymnasium, Summerdale Plaza, Enola, Cumberland County, Pennsylvania, at 5:38 p.m. 3. Defendant has retained William T. Tully of Mancke Wagner Hershey & Tully to represent him in the matter. 4. The parties agree, by and through their respective counsel, that the hearing be rescheduled pending further Order in this matter. S. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through April 2, 2003, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiffrequests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through April 2, 2003, or until further Order of Court, whichever comes first. Respectfully submitted, D•d'vid"A. Lopez, Attorney~fo~'laintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 or1-800-822-5288 c; ._: _-`- ,, : . . SHERIFF'S RETURN - REGULAR CASE NO: 2001-05726 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARCELLA SANDRA JUDITH VS MCKAY JEFFREY DOUGLAS SHANNON SUNDAY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon MCKAY JEFFREY DOUGLAS the DEFENDANT at 1738:00 HOURS, on the 2nd day of October 2001 at POE THE TRAIN YARD GYMNASIUM SUMMERDALE PLAZA ENOLA, PA 17025 JEFFREY D MCKAY by handing to a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this ~ /~~ l~ _ day of (y~ ,Ztol A.D~. T ~~r~othonotary So Answers: .~''~~~ R. Thomas Kline 10/03/2001 By: ~ `~,, ~) any l„ _ ,~c.,~ Deputy Sheriff Sandra Judith Marcella, : IN THE COURT OF COMMON PLEASE OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.OI-5726 CNIL TERM Jeffrey Douglas McKay, Defendant :PROTECTION FROM ABUSE ORDERMFOR CONTINUANCE AND NOW, this day of November, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on November 28, 2001, at 11:00 a.m., is hereby generally continued. The Temporary Protection From Abuse Order shall remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. By the Court, David Lopez MidPenn Legal Services ~_~~~ ~~~ Attorney for Plaintiff William T. Tully Mancke, Wagner, Hershey & Tully /~" ~~ Attorney for Defendant pl - 1-y~ -~ I `~IS!`~7~1nS~lN3t! rA.~.~~~~~ l C'i".ii!-1;..~7C~SftF 1~1 +1 4 •, ~ l~,G'e ~ : .n ', ..., Sandra Judith Marcella, Plaintiff vs. Jeffrey Douglas McKay, Defendant IN THE COURT OF COMMON PLEASE bF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI-5726 CNIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Sandra Judith Marcella, by and through her attorney, David Lopez of MidPenn Legal Services, moves the Court for an Order generally continuing the matter in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on October 2, 2001, scheduling a hearing for October 10, 2001, at 1:30 p.m. 2. The Cumberland County Sheriffls Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse on October 2, 2001, at his place of employment, the Train Yard Gymnasium, Summerdale Plaza, Enola, Cumberland County, PA. 3. Defendant retained William T. Tully, of Mancke, Wagner, Hershey & Tully, to represent him in this matter. 4. On October 11, 2001, the parties agreed to an order continuing the matter until November 28, 2001, at 11:00 a.m., to afford the parties time to negotiate a settlement in this case. 5. The parties have reached an agreement and request a continuance to afford the parties time to execute a Consent Agreement. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. WHEREFORE, the Plaintiff requests that the Court grant this Motion and generally continue this matter, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 rS1 ~ SANDRA JUDITH MARCELLA, Plaintiff v. JEFFREY DOUGLAS IvIcI{AY, Defendant In the Court of Common Pleas of CUMBERLAND County, PENNSYLVANIA Civil Action -Law No. Ol- S7.z-C~ : Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: JEFFREY DOUGLAS McI{AY Defendant's Date of Birth is: July 10,1960 Name(s) of All protected persons, including Plaintiff and minor children: 1. SANDRA JUDITH MARCELLA AND NOW, on Znd Day of October, 2001 upon consideration 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 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 Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs residence located at: 425 Arch Street Carlisle, PA Plaintiff s place of employment located at: Capial Blue Cross 2500 Elmerton Avenue Harrisburg, Dauphin County, PA The home of Plaintiff s parents, Judith and Gabriel Marcella, located at: 10 Stewart Drive Carlisle, PA 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiff s relatives. Defendant is ordered to refrain from harassing Plaintiff s relatives. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: CARLISLE POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH SUSQUEHANNA TOWNSHIP POLICE DEPARTMENT 6. 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. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL APRIL 2, 2003 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 in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal chazges and penalties under the Violence Against Women Act, 18 U.S.C. §§2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff s residence OR any location where a violation of this order occurs OR where the defendant maybe located. If defendant violates Pazagraphs 1 through 3 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order maybe made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize alt weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapons are evidence of a crime, in which case, they shall remain with the Iaw enforcement agency whose officer made the arrest. SANDRA JUDITH MARCELLA, Plaintiff vs. JEFFREY DOUGLAS McKAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1- .5~,2 G CIVIL TERM PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you maybe evicted from your residence and lose other important rights. T~ A hearing on this matter is scheduled on the f ~ day of October, 2001, at ~ ~.3C) gn., in Courtroom No. ~ on the 4`h Floor of the Cumberland County Courthouse, l Courthous Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY T Judge Distribution to: David A. Lopez Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 or 1-800-822-5288 Faxed & Mailed to PSP C c. _,.. ~-_~ ~_ ~; r, .: _.~~ - - ~. ; r` - r <_=. r,; c_ ..: -_ t _ -l_' \i y ~ o _ ` !1i t~ ~~ PFAD Number: LP1337436H SANDRA JUDITH MARCELLA, Plaintiff v. JEFFREY DOUGLAS McKAY, Defendant In the Court of Common Pleas of CUMBERLAND County, PENNSYLVANIA : Civil Action -Law : No. O1- S ~' T.~-- Protection From Abuse PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: SANDRA JQDITH MARCELLA 2. I, (the Plaintiffj, am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. SANDRA JUDITH MARCELLA 4. Plaintiff s Address is :425 Arch Street ,Carlisle, PA 17013 5. Defendant's Name is: JEFFREY DOUGLAS McKAY 6. Defendant's address is: unknown. 7. Defendant's Date of firth is: July 10,1960 8. Defendant's Place of employment is: The Train Yard Gymnasium, Summerdale Plaza (tower level), Enola, PA. 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 11. The facts of the most recent incident of abuse are as follows: On about Sunday, September 16, 2001 location: Plaintiffs residence at 425 Arch Street, Carlisle, PA. On or about September 16, 2001, from approximately 8:00 a.m. unti110:00 a.m., Defendant telephoned Plaintiff s residence repeatedly despite her telling him not to call her. Later the same day, Defendant went to the Giant grocery store where he knew Plaintiff went each Sunday after church, followed her and harassed her as she shopped, then left. Defendant waited for Plaintiff in the parking lot, and as she transferred her groceries into her vehicle, Defendant harassed her, and blocked the doors with his body to prevent her from leaving until she agreed to allow him to come to her residence. Defendant followed Plaintiff, but when he saw that her family was at her home, he did not stop. Instead, Defendant went to a telephone and repeatedly telephoned Plaintiff s residence from approximately 3:00 p.m. unti15:00 p.m. Plaintiff reported the incident to the Carlisle Police Department, and Defendant was charged with harassment by communication. 12. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stallcing) are as follows: On or about September 15, 2001, Defendant entered Plaintiffs bedroom, woke her up, yelled at her, called her names and tossed a glass of wine on her as she lay in bed. As Plaintiff tried to remove the wine-stained sheets from the bed, Defendant repeatedly slapped her hands, grabbed her by the neck, shoved her backward onto the bed, and threatened her saying, "What are you going to do? I'm bigger than you." As Defendant left the room, he poured wine on the hallway carpet. When Plaintiff closed her bedroom door to keep Defendant out, he forced the door open, blocked her access to the telephone so she could not call the police, and punched a hole in the wall with his fist. Plaintiff called the Carlisle Police, who responded, advised Defendant to leave Plaintiff s residence, then arrested him when they found that he had outstanding warrants against him in Dauphin County. Defendant was taken to Dauphin County Prison, and was released after he paid the tines. In or about August 2001, when Plaintiff told Defendant that their relationship was over, be argued with her, yelled at her, and when she went into her bedroom and locked the door for her safety, he kicked the door in and threatened her saying, "Get downstairs now!" As Plaintiff tried to leave the residence, Defendant blocked the doorway with his body and further threatened, "You're going to listen to me." In or about June 2001, Defendant became angry and yelled at Plaintiffs 8-year-old child. When Plaintiff intervened, Defendant argued with her, yelled in her face and called her vile names. Fearing for her safety and that of her child, Plaintiff telephoned the Carlisle Police for help. The police responded and advised Defendant to leave the residence. After he left, Defendant rode his bicycle past Plaiptiff s residence several times and glared at her and her son, who were sitting on the balcony. From approximately 9:00 p.m.-until 12:00 a.m., Defendant repeatedly telephoned Plaintiffs residence. In or about June 2001, during a separate incident, Defendant argued with Plaintiff, and yelled in her face which intimidated her and caused her to back away from him. When Plaintiff was backed against the wall, Defendant grasped her neck with both his hands, pushed on her windpipe with his thumbs causing her pain and to gasp for air, and threatened her saying, "I could snuff your life out." Plaintiff got away from Defendant and, fearing for her safety, locked herself in the bedroom. Since approximately March 2001, Defendant has abused Plaintiff in ways including, but not limited to, the following. On several occasions Defendant yelled in Plaintiffs face while he jabbed his. finger into her shoulder, hit Plaintiff on the head using the heel of his hand, intimidated her by raising his fist back and threatening, "I could punch you" and "I could hit you", called Plaintiff at her home repeatedly, called Plaintiff vile names in the presence of her 6 and 8-year-old children, and attempted to isolate her from her friends and family. 13. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: CARLISLE POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH SUSQUEHANNA TOWNSHIP POLICE DEPARTMENT 14. There is an immediate and present danger of further abuse from the Defendant. 15. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: -~ damage to Plaintiffs bed linens, carpet, and wall as a result of the incident which occured on or about September 15, 2001, and damage to Plaintiffs bedroom door and door jamb as a result of the incident which occured in or about about August 2001. 16. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT TAE 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 children in any place where Plaintiffmay be found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor children, 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 fmd necessary with respect to partial custody and/or visitation with the minor children. c. Prohibit Defendant from having any contact with Plaintiff s relatives and Plaintiff s children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. d. Duect Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. e. Order Defendant to pay the costs of this action, including filing and service fees £ Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiff s relatives. Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost of litigating this case. g. -Grant such other relief as the court deems appropriate. 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 authori of any addresses, other than the Defendant's residence, where Defendant can e s rved. ~ ~1 Respectfully Submitted by: David A. Lopez, Esq. Agency: MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 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 lrnowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. !~ ~--- bated: ~ ~ y O I ~ ~ ~ ~y Sandra Judith Marcella, Plaintiff ~ n _- ' c- -~; `~; „~ ,~ ~> ' ~' % s ~ == _ Y~ __ !~. 1~~ - - .. ._._ ~~ ~ _ ~i ` h ~ T~ ~° -r. ~~ ~- ~, k 6 "v 0 m.. u:. ,~ } =~' 9A ~s3 ~`~ Win, ~~.: vv ivi u<i ul iuc, ia: a4 PttA /lY Z4V 6bf3 GU_!11}3 GU k'HU'1HUNU'1'AHY $~~ ffiULTI TN REPORT a~W~ :~:asa~xx*ss~~x~*x~*a:aa~w~ffix~~~~e T%/R% NO 2827 INCOffiPLETE T%/R% TRANSACTION OR [ Oli9p2490779 PSP [ 0319p2405331 CP [ 04192438026 LS ERROR i¢~ ti Ol __~ QFFICE OF THE PRQTHCNCYfARY CUhIDERLAND CC7UMI1' CWRTH(XJSE GIVE COUR'[NOUSE SQUARE CARLISLE, PA. 17013-3387 17171 240-6195 FAX (717) 240-6573 V I A T E L E C O P I E R •[q; PA STATE POLICE - 46w~• PRPGtS=.. M. p, ~..5• FAX q: 717-249-0779 CURTIS R. LONG RE: PFA ORDERS Md'SSAGE N0. QF PACES (I[3:'LLiDING COVER SEIEEC) 1Yris is inl~end9d qtly fbr tte use a~ ti'e udiuiclal cr enki-ty Tx~ Fhiht is is xd ~Y czrftdin infxnnatim fl~ is pdvi3drd, [rnfidential at'~d e~pt ~0 d;sr•irx,vo t~~ ~ Jaw. [f tl~ ro.'-lPr cf tltis a its not de intal'leri teclpistt, you .ace he<~ noti.Eied tit ay di~fnu»tic~, dLCI-riti ~tim OC a[~jil'ig t$ tlus opmtrtica"irn is ~7iL•tly pcdubibBd. If yQ0 1'a~e x97ei.~s'1 Uus ;m,at;.~+at -rte a-tI xeh¢n He to ~ at ornmx~ic.3,~m in ern,:r, pde~e ratify is Y ~ ~ ~ m ~ p /3~i5~~~ e~ SANDRA JUDITH MARCELLA, Plaintiff v. JEFFREY DOUGLAS McKAY, Defendant In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Action -Law : No. 01-5726 Protecton From Abuse FINAL ORDER OF COURT Defendant's Name is: JEFFREY DOUGLAS McI{AY Defendant's Date of Birth is: July 10,1960 Name(s) of All protected persons, including Plaintiff and minor children: 1. SANDR~JUDITHMA~i~~LA ~~ Z~ AND NOW, this. Day of ~'((////~~,th~~e court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJLiDGED and DECREED as follows: Plaintiff, Sandra Judith Marcella, is represented by David A. Lopez of MidPenn Legal Services; Defendant, Jeffrey Douglas McKay, is represented by William T. Tully of Manske Wagner Hershey & Tully. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalls, harass, threaten the Plaintiff or any other protected person in any place where they might be found. ~j~'J i1~~v t~~~~~~ {{ fin.,', ^7^~. r~~~,,,,,~,~ ~~~l~l~~,~7~ ,r 1L r <; Z. 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's current residence listed below and any other residence she may establish for herself during the term of this Order: 425 Arch Street Carlisle, PA Plaintiff s current place of employment listed below and any other location where she may be employed during the term of this Order: Capital Blue Cross 2500 Ehnerton Avenue Harrisburg, Dauphin County, PA The home of PlaintifFs parents, Judith and Gabriel Marcella, located at: 10 Stewart Drive Carlisle, PA 3. 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. 4. The following additional relief is granted as authorized by §6108 of the Act: Defendant is prohibited from having any contact with Plaintiffs relatives. Defendant is ordered to refrain from harassing Plaintiff s relatives. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. The court costs and fees are waived. 5. Defendant shall pay $300.00 to Plaintiff as compensation for PIaintiffs out-of- pocket losses, which are as follows: the cost to purchase a bedroom door matching the adjoining bedroom doors and which is consistent with the historic age of Plaintiff s residence, replacement of the lock set, replacement of the surrounding door frame, and related labor costs as a result of the incident which occurred on or about August 2001. Defendant shall reimburse the total amount of $300.00 to Plaintiff within 180 days of the entry of this Order. Payment shall be made to Plaintiff in the form of money orders mailed to her residence at 425 Arch Street, Carlisle, PA 17013. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: CARLISLE POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH SUSQUEHANNA TOWNSHIP POLICE DEPARTMENT 7. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 8. All provisions of this order shall expire on: June~~, 2003 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 SLY MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THF, PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261- 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 maybe located, shall enforce this order. An arrest for violation of Paragraphs 1 through 3 of this order maybe without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. 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 of this Court. When the defendrt is placed un~er artiest for violation of this arder, 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 Plaintiffs presence and signature are not required to file the complaint. 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. By the Court, offer, Pr sident Judge Entered pursuant to the consent of Plaintiff and Defendant: . .- Sandr~ dith Marcella, Pl,~mhff Jeffre uglas y, Q ndant C~-c/ David A. Lopez, Attorney MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Distribution to: David A. Lopez, Attorney for Plaintiff William T. Tully, Attorney for Defendant FAXed and mailed to PSP , n1 ~ J s - e William T. Tully, Attorney for Defendant Mancke Wagner Hershey & Tully 2233 North Front Street Harrisburg, PA 17110 11t~-r.~~ Ca~~P ~~ 02/06/02 WED 16:22 FA% 717 240 6573 CUMB CO PROTHONOTARY Ct7100 ~W.'~Y:K:kN::KN:ffiN::K #:K N:N«N:**N: N<N: N:AN: N: N: N:& MULTI TN REPORT N: N: N: :K:k#~&N«Y**$Y::K N: ac N;:k N:RN::K A: N<N: N: N: N; T%/R% NO 2966 INCOMPLETE T%!R% TRANSACTION OK [ O119p2490779 PSP [ 03]9p2405331 CP [ 04]92438026 LS ERROR r OFFICE OF 'R;E PRp'[}iONl7CARY CUM6ER[.4N[) CO(INl'Y GC7(1RTHOt1SE ONE CO[1RTHgUSE SQl1ARE CARLISLE. PA. 17013-33&7 (717) 240-6195 FAX (717} 240-6573 V T A T E L E C O P I E R TO; PA STATE POLICE - (~crvl~~i P~ae4RS• - ~ •~°' ~'' • FAg k: 717-~49-0779 . FRCM: CURTIS R- L©Nt'i [ZE; PFA ORDECZS MESSAGE: .... ~ [x7, OF PA(~S (IBY~'T,UDING COVER SHEET) I _ .. ~ This nom: is in~trraea rnly from- tt~ ~ aE 13'e ind~vit~tl. ~ ~ty trW uhid~ is is a~e~. and ~' rrnt3in ittf~etion that is pr9.vi1~LI, ao1£~';al erLl a~Ypt fxon ~;a-1r~~ iy~r alpLi~hls ]aw. TF tl'~ L63'~ rk this tt is rot tl~ inbe+rk~ Ll~iI11H7t., 1~ axe ]ELt#~f tYytifixl Aft acy dit~', r;;ct'ritrrt;m ~' OC{7/iYK~ ~$ Yl'tis mmuvraiirn is strictly Pechiliibgi. If yc7.i t~.e zevivecl this _ __~_c.... :..w..i; ~ra1.. F.i Folwit'Yl? 3'~ LE~l.Ril tle morral Lb U3 dt