The URL can be used to link to this page

Home My WebLink About91-1866TINA MCKEE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 1866 Civil 1991 WAYNE MCKEE, JR., : IN CUSTODY Defendant PETITION FOR SPECIAL RELIEF 1. Plaintiff/Petitioner is Tina McKee, now known as Tina Helm, (hereinafter referred to as "Mother"), who currently resides at 344 Fort St., Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant/Respondent is Wayne McKee, Jr., (hereinafter referred to as "Father"), who currently resides at 6 Towne Mills, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Mother and Father are natural parents of the following children: Justin Michael McKee, born 4/7/88; (20); Wayne Elmer McKee, III, born 2/17/90 (18); and Dylan McKee, born 5/10/93 (14). 4. A custody Order regarding the children was entered on November 15, 2000 before this Honorable Court. A copy of the custody Order is attached as Exhibit A. 5. The November 15, 2000 custody Order provides that Mother shall have primary physical custody of the children, with Father to have periods of partial custody. 6. On Friday, March 7, 2008, Mother told Dylan McKee (hereinafter referred to as "Dylan") that he was not allowed to go to all-night bowling. Dylan then left the home and went to his Father's house. 7. On Friday, March 7, 2008, Mother contacted Father and requested that he return the child. 8. On Saturday, March 8, 2008, Mother again called Father several times and requested that he return the child to her home. 9. Since March 8, 2008, Mother has repeatedly requested that the Father return the child in accordance with the current custody Order. Such requested included a letter from Mother's counsel on March 17, 2008. 10. To mother's knowledge, Father has not filed a Petition for Modification of custody. Rather, Father has unilaterally changed the custody arrangements. Mother does not agree with these changes. 11. Mother is extremely concerned about the child because since the child began residing with Father on March 7, 2007: a. The child has missed 8 days of school since he remained with father. b. On March 26, 2008, Dylan received a Disciplinary Referral for smoking on school property at the middle school. As a result, Dylan received one day in school suspension. c. On March 27, 2008, the child received a Disciplinary Referral for truancy. As a result, the child received in school suspension. d. Father works at night, and cannot provide adequate supervision for the child. Several incidents which posed a danger to the child have occurred while Father was not providing adequate supervision. 12. Mother is requesting the following: a. An Order directing that the father follow the current custody Order and that Dylan McKee shall be in her physical custody as provided by the November 15, 2000 custody Order. b. An Order directing that Father should reimburse Mother for additional costs and legal expenses which she has incurred to Father's direct violation of the custody Order. c. Any other relief that this Honorable Court may deem appropriate, including a finding of Contempt. WHEREFORE, Plaintiff requests this Honorable Court enter an Order directly that the child shall be immediately returned to Mother in accordance with the current Order as well as any other such'relief as this Court may deem appropriate. Date: y1q?08 Respectfully submitted, J e Adams, Esquire No. 79465 171W. South St. 'C'arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER TINA HELM i TINA MCKE'E, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF VS. WAYNE MCKEE, JR., DEFENDANT CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-7827 CIVIL TERM 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 CUSTODY ORDER AND NOW, thiskay 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: r.Xtf(? ?T ?T 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 number 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. 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 parry to request a conciliation. conference. but the Order shall remain in effect pending further Order of Court. By the Court, S George E Hoffe , President Jud Joan Carey and David Lopez Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle PA 17013 Wayne McKee, Jr., Defendant 1129 Means Hollow Rd. Shippensburg PA 17257 TRUE COPY FROM RXORO In Testimony whereof, I hire tm o set my hand and t seal?ro77f said ourt at arlisle, Pa. Thi ......... ..I... .??.?:..., Pro onotary VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ?j I ?{ hw Tina Helm, Petitioner o c c ?J r-a Q j ?d" n C3 ?Tl TINA MCKEE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WAYNE MCKEE, JR., DEFENDANT NO. 1866 CIVIL 1991 IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 15th day of April, 2008, upon consideration of Plaintiff's Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that a brief hearing on this matter shall take place on Monday, April 21, 2008, at 2:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Defendant Wayne McKee, Jr., shall bring the child, Dylan McKee, with him to Court. Counsel for the Mother shall ensure service of this order upon the Defendant, Wayne McKee, Jr. By the Court, 'o M. L. Ebert, Jr., J. vlJ'ane Adams, Esquire Attorney for Plaintiff /Wayne McKee, Jr. Defendant bas '?'? :ti, ,, ?; ?? r'?? ? _ L? :? TINA McKEE HELM, Plaintiff V. WAYNE McKEE, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 1866 CIVIL 1991 IN CUSTODY IN RE: SPECIAL RELIEF ORDER OF COURT AND NOW,this 21st day of April, 2008, after hearing in the above-captioned matter, IT IS HEREBY ORDERED AND DIRECTED that the plaintiff's Petition for Special Relief will be granted. The child will be returned to the mother's care pursuant to the previous Order of Court dated November 15, 2000. The Court finds that the father did not act in contempt of the previous order in that the child. Accordingly, no attorney's fees are awarded. Jane Adams, Esquire For the Plaintiff vWayne McKee, Jr. 6 Towne Mills Shippensburg, Pa. 17257 :mtf CPS Es M?rt&k By the Court, '*k-??4A M. L. Ebert, Jr., L0 -1 t48 Q£ X81 O€ OZ 311-11 Jo