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HomeMy WebLinkAbout00-02568 -----'," I, 1',0 . ;;~:e"':xc~.: -~~:c~;::,}>>:~,::):c~::,..:.;(x..&~xc~;::.~.3t( ::~~:"'~~');::.:( .-:-::.;.;" ".::<<..~.,~.3t.;,'~:.>>}{ "'::<<{:"!::+::(::~::C.~' )>>::.;'~'~~;:~::.::(')::+::::{'X.~~::::~~';'~'~'!::C<':;:::~<::;~::.:~:.:",<~~r~~::.<:~!;1, ~.: ' t. '--'. I ~.~ ~ ~ ?; * '",,' j ~.~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY a ~.~ ~ ".'! ~ . ".~ STATE OF PENNA. ~ '.' ~.; ~ ~ ~.s ~, _ _I,OE,i.~. .l:IcIll1...lo1c<::Jllr.E!...... I II I N o. _.__.___9.9__~5.QJL____., u.I?;L.",,tJ1:t:Jff._ m,r:;SUJi.7:-:5J::IQ3;1 Versus "n' ~ ~.~ ,.s ~ ;'''s ~ ~y~ i ~.~ ~ ~.~ ~.~ ~ uuCb.ri,.s t9.pb.~;rM.cCJur~.. _ _ De.:f'E!.llq.an tmr:;S#4 Q }:-:5;1 ::.91365J DECREE IN _ D I V 0 R C E J ,3:$"0 A."', AND NOW,...... .I~~. .I.~... 'h8c.200L it is ordered and decreed that ..... .:Yq+j.~. .1\.llP. .11c;:P.~J;''''. . . . . . . . . . . . . . . . . . . . . . '. plaintiff, and. . . . . . . . . . . . . . . Ch.r:isto.pher. McClure. . . . . . . . . . . . . . . . . . '. defendant, are divorced from the bonds of matrimony. ~.~ ~l M ~~ t~ . k~ ~ ",.,; ~ ".'! a ~.~ ~.s * ;'.s ~ ~.~ , ;.... ~ ~.s ~ ,e." ~~~ , The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; .......................................................................... t .................. -........................................................ The Property Settlement Agreeme is hereby incorporated but not me d By Th January 30, 2001 Attest: .~~.. ...., .... Prothonotary . .", "i'( ....::+::.,:. )::+::.~. "'::.::!;" ';'::€~'" :".::.,..: ':"::+::0::' ',.::.::.,.: :-:-::.::." ....::.::."," '::+::'" "'::+::. ~~~ ::.::+::..::: ':'.::.;.-< ::~::+::..' >::.;.':: :::.::+::',;::::0::+::.:, ".::.;'" ::.::..::< ,:'.::+;; ,: :':.::.::-:' , '0 ,,' , ~ , ~ ~ ;.~ ~ i k~ ~ ;.~ J ~ ~ ~.s ~ ~ ~ N ~ "'l' W ~.~ ~.s * f.t N ~ i.~ ~ i,'< i ~.~ N ~ ~ "'." ~ i:~ . ,,". i ~.~ ~.~ * '",,' j, ~i ~ "l ~ ~.~ ~ ~.~ ..uo J. ~ ~.~ f.~ ~ ~ ~.!- ,', ~ ~ '.~ ?~ ~ ;i; ~.~ ~ ~.~ ;'~ ~ .'~ "'~ ~ 0 .. 0 '"_~ "" '~= ~ C>I . ;}- \ .tJ( 'cJl , 0'" r~'h' ~'~".",,~. ,"~,-" ,'''~" ~"~&'-~'.I "~~.. , ,- t\'\"':l . .' avI~~~z4d~ ~,/n~-F~~ , . .x -", ..,...,.~",~= <- ~__. ,,' ".~~, .........".r, " .. " ~, j:! <, , ~ ' r LORIE A. McCLURE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000-2568 CHRISTOPHER D. McCLURE, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this ~day Of7~, 2001, by and between CHRISTOPHER D. McCLURE of 4835 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter referred to as "Husband"), and LORIE A. McCLURE of837 Highland Court, Mechanicsburg, Cumberland County, Pennsylvania 17050, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 16,1987; and WHEREAS, two children have been born of this marriage, Brittney A. McClure, born on November 1, 1992, and Christian A. McClure, born on June 23,1996; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have been separate and apart from each other; and NOW THEREFORE, the parties intending to be legally bound hereby do covenant and agree: DATE 01/25/01 "I,' ,_ 'i' ,,"" . ~, "~ ' ),'1,;: .,.. . , , , 1. SEP AHA TION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as ifhe or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the date of separation, July 8, 2000, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands incurred by her. DATE: 01125/01 2 ~ ,', ti!Jl6:1 " r " , . 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation date of July 8, 2000, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING JOINT DEBTS: All other debts, contracts, obligations or liabilities incurred at any time in the past by either of the parties will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the date of this Agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him and from all costs, legal costs and counsel fees unless provided to the contrary herein. DATE: 01/25/01 3 .J< I.. " < , ~ . , 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except for all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code of 1980 and any amendments thereto including, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The parties agree that the moving party in any divorce action which has been commenced shall request the Court to incorporate, but not merge, this Agreement into any divorce decree. If this Agreement is incorporated into a divorce decree, the parties shall have the right to enforce this Agreement under the Divorce Code of 1980 and any amendments thereto in addition to any remedies in law or equity and these enforcement rights are not waived or released by any of the provisions of this Agreement. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree does not give either party the right to raise other claims under the Divorce Code specifically waived and released by DATK 01/25/01 4 , , , ;;1 j i , ! I ! " , , I" , '.L 0' ~ll .. . <. this paragraph, and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 7. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have theretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 8. DIVISION OF REAL PROPERTY: Wife agrees to transfer all right, title and interest in and to the real estate situated at 4835 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, now titled in the name of Husband and Wife as tenants by the entireties, to the Husband and agrees to immediately execute now or in the future any and all deeds, documents, or papers necessary to effect such transfer of title upon request. Wife further acknowledges that she has no claim, right, interest, or title whatsoever in said property and further agrees never to assert any claim to said property in the future. Husband agrees to be fully responsible and to indemnify and hold Wife harmless from any and all liability for the mortgage with PSECU, Account #0203529865, and the 5 DArK 01125/01 , ", - J'i'~, , . Home Equity Loan with PSECU, Account #0203529865, on the aforesaid property. Husband further agrees that within 120 days of the date of this Agreement, Husband shall take the necessary steps to remove Wife's name from the aforesaid debt associated with the marital residence such that she shall have no personal liability for said debt in the future. In the event that Husband is unable to refinance, assume or in some other manner remove Wife's name from the mortgage and home equity loan encumbering the marital residence within 120 days of the date of this Agreement, Husband shall immediately take the necessary steps to list the 4835 Creekview Road property for sale with a reputable real ~~~J~' ~~ \k. estate agent.1k,. ~ .JJ II 1 ~ ' ~ \\ 5;oOO.()l tA\)/~~~~ ~ f\ . 9. EACH PARTY RETAINS OWN PENSION PLANS: Each of the parties does specifically waive, release, renounce and forever abandon all of his or her and/or any employee benefit plan of the other party, whether acquired through said right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 40l-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan employment or otherwise, and hereafter said Pension Plan, Retirement PI , avings is carried. an shall become the sole Plan, Tax Deferred Savings Plan and/or any employee ben and separate property of the party in whose e or through whose employment said plan DATE: 01125/01 {MUJ1\mANt~W~ ~~_\d- ~I ~- r~. d-rA-. ~ I. '" 'X1 '- , . c As clarification of the foregoing, Wife acknowledges that Husband has a 40l-K Plan through his employment with Point Spring & Driveshaft Co., with an approximate value of $4,000 (a true and correct statement of this asset as of 06/30/00 is attached hereto and marked as Exhibit A). Husband acknowledges that Wife has a 401-K through her employment with Nationwide Insurance with an approximate value of $45,000 and which is encumbered by a loan with an approximate value of $3,600 (a true and correct statement of this asset as of 06/30/00 is attached hereto and marked as Exhibit B. 10. ClllLDREN'S SAVINGS BONDS: The parties acknowledge the existence of savings accounts and savings bonds which had been acquired and maintained during the course of the marriage for the children's benefits. Both parties agree that these accounts and savings bonds will be held for the children to pay for their tuition at any college, trade or secondary educational institution which they may choose. 11. AUTOMOBILES: Husband agrees to transfer all of his right, title and interest whatever it may be to a 1994 Toyota Camry to Wife. Wife shall be responsible for any and all debt associated with said vehicle. Both parties agree to execute the car title as well as any other documentation necessary in order to effectuate the intent of this Agreement. 12. LUMP SUM PAYMENT TO WIFE: Husband agrees to pay to S!lump sum Of$5,~O:hin 120",~th~greement. ~ DATE01/25~ ~ 7 ~. ~ , -'-, ~ i , , , , 13. NATURE OF PROPERTY DIVISION: The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement, is a nontaxable division of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State Income Tax Returns. 14. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 15. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without DATE: 01125101 8 I ~ ", ~.i . " limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. This paragraph shall not affect either party's right or power to expressly include the other party as beneficiary in any Will or other document, whether written in past or in the future. This paragraph shall not affect either party's right or power to expressly include the other party as beneficiary of any insurance policies whether effective in the past or in the future. 16. SUBSEQUENT DIVORCE: Both parties agree to execute Affidavits of Consent to Divorce and Waivers of Notice ofIntention to Request Entry of a Divorce Decree pursuant to Section 330l(c) of the Divorce Code contemporaneous with the signing of this Agreement and shall direct their respective counsel to immediately file with the Court said documents. Wife agrees that she shall direct Laurie A. Saltzgiver, Esquire, her counsel, to immediately file with the Court a Decree in Divorce from the bonds of matrimony under Section 3301 ( c) of the Divorce Code. DATE: 01/25/01 9 , ~' I' . 17. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 18. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of Laurie A. Saltzgiver, Esquire, as her attorney. The Husband has employed and had the benefit of counsel of 1. Paul Helvy, Esquire, as his attorney. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this DATE: 01125/01 10 '...E ,'I .'-' """'ill . Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the new Pennsylvania Divorce Reform Act, whereby the Court has the right and duty to detennine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs oflitigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court of Common Pleas of Cumberland County or any other Court of competent jurisdiction to make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs oflitigation. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 21. MODlFICA nON AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed 11 DATR 01125/01 , ,::1 with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. MUTUAL ACCEPTANCE: The parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against each other for their support and maintenance, and also alimony, alimony pendente lite, counsel fees or for any other provision for their support and maintenance, and also alimony, alimony pendente lite, counsel fees, costs and expenses and any other charge of any nature whatsoever pertaining to any divorce proceeding which may have been or may be instituted by the parties in any court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may be instituted by either party in any court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs or expenses incurred or to be charged by any counsel arising in any manner whatsoever for breach of this Agreement. 23. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. DATE: 01/25/01 12 """"".--"c 24. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 26. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. DISCLOSURE: The respective parties do hereby warrant, represent, and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any DATE: 01/25/01 13 I," ~ , ,.., ~,i '" time hereafter, sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full disclosure, fraud, duress, undue influence, or that there was any absence or lack of full, proper, and independent representation. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. WITNESS: ~.~j)~ DATE: 01125/01 ~i2{!I1tj)p-f . CH STOP RD. McCL ' XMa.1lk~ LORIE A. McCLURE 14 , 'o;..:l..L~, COMMONWEALTH OF PENNSYLVANIA ) COUNTYOF ~~ ~ SS.: j' ~ On this the 0 day of ~ ' 2001, before me, the undersigned officer, personally appeared CHRISTOPHER D. McCLURE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~~ (&wo tfa-" 'iJJ11 0 '-- My Commission Expires: IO/l-f /~()(]3 NOTARIAl lEAl. r MARIA BARlETTA LaIIUE, ~ Publlc: Harrisburg, Ilauphingounty My CommIssiOn ExpIIlllI Oct. 4, 2W3 COMMONWEALTH OF PENNSYLVANIA COUNTYOF ~ ) ) SS.: ) On this the 30~y of Qn/nU ll.l;?, ,2001, before me, the undersigned officer, personally appeared LORIE A. McCLURE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. fJ;/LioLt~/ k ~ My Commission Expires: 5/1/0<1 NOTARIAL SEAL eWFlISflNA L. KEIM, Notary Public Harrisburg, Dauphin County My Commis8;cn Expires May 1, 2004 DATE: 01125/01 15 !L!",w~":>' _ _7. , ~ ..' '," >= !!!!!!!'!- 00= - - ---" - - -- - , ~~ ...... - ;;;;:;;;;';;;;;" !!!ll!!!l 87723759'38 TD ~2362817 .. P. e2/0,2 , .JUL 26 2200 08:54 FR ,~~lONWIDE INS ...., , . , ' NatIonwide Sa'/lngs Pfan Lorle A. McClure 4835 CREEKVlEW ROAD MECHANICSBURG, PA 11055 BeginnIng Balanc# I SaI""1 D<<po.ns Company Malch Total Eami"9' (Lo....) &.ling blllllnca YTO s.IoIy D<<posits YTO Coml""'Y MaJcI1 $42.956,97 100,'S 7C.'i:I 9S0.SS $114,099.15 187.28 131.12 ~~~~f':flM:~"~""'.l.:iJ.,~~:f~D~t~:rpi~r,;,,,~~,,,,~,;o.:~t.'''''M''''''' . :.::;:;#@r~~:'t.;r: ~",,",,;,'$:Y: ~!;~~Jr,~~~~~'f!#;r,;m~k- .' Partlclpant Financial Statement April 1, 2000 to June 30, 2000 167-54-1032 Page 1 of 3 On ApT'll 1, 2000. ti'Je balanc:lJ in your ~unt was $42,;66.97. From April'. 2000 to June 30.2000, you hael-lUIXt.36 daductod from your pay and ceposltad to your .cWl(k}tlCCQunt,. your employer depositod ~O.27 into YOLlf ac--wOunt as. a oompany maWhing contribution, and your account was inlJ8sted and eamed $95D.55. Your Una] baJanca an June 30. 2000 Wa!li $44,oa. 15. '00'1. 1000/. 1000/. i . ">''"''C~~~'~~~~~r#ijji~~11i2~~~~~,~~ ::':"^ ~.u:~~;rJtl~i{~~~; $Z7,914.~21 14.892.36 1.291.17 $44,0118.15 ;;f;f~~~r~~2ii?~i,*1~!lfg~~f!~~~#i~~ ~~~i,~':~:~:; ;I~iA'::~~fJM~ $,00 .00 ,00 $.00 $27,S'4.62 14,892.36 1.291.17 $44,098.1 ~ salary Dopooils Company Matoh Ncndaduecbl<> Employ.. Ccl1tn'bulion Gcaranteed Fund ~ Stool< Fund Pmci'pan\ lean 5O.00"A, 5000'" 1$2.223.86) (634.13) 3,028.62 $170.63 $404.11 448.04 100,34 sgsQ55 $21 ,584.52 15.371.90 7.135.73 $44,095.15 $23,404.21 15.563.09 3,998,71 $41!.9ll6.57 AU ....emy no Otlawng n~. 10 9" =.n 1-8DO-FON-40U:.. ~~171~1:~~' :;:~~~::~:,~,;' :'~..:,,;, '~2~~$~11;;~*~% !.~!~~r.li.~~J~~J.jgg~wi~~~~~~fg~5PJi~~!!!~~.~~tr;i{~~~~~i~~~j~~fI~[l.Il.[( BlI"C'1 OOll.:..).Jn. 11. 19&6 HnDalO:~(.lm ~Oorll~1 P*~~: 1.(x)% Wob Ad::Iress: 1-lr:p;.:J1wwW.401~$(J.com r:mpbyee Number. 11$9.3.3 mtD~ FunG! RepQ~ Olacl-osUolra. R~eent r~ml by eertaln segm'Mts of ti'l-e mar~.t. Ju(h ai techn<llogjllJ"'.d om""9ing mlrltot GlteutIUCt5. WQro achie....lXl dl.;r!ng li;lvorOlPle condldOfl$. Sl;d1 r,aVOfabl-lt r'ltltlm!ll~e lnll ffl:K oj ~la\i!ity ~tt lJ"N'e'St~$hould not ft:rpect that tMy can b6-I:lm=~\"1'i1:l'l ~. C!'1lnstng Yout OehttTllll. You moD:r ca.netti or ch:u'19" your defcRllIl.st MY IImQ. C.,r. 1-eoo-FON-40fk or ~ !he w~b.tt. O1[ htlpsjtwww.-40.~.lOII.com1tl initiat. ~changll. _,.........I--.....IO<,.,...,.''I'1CJl!I:'" Vs1.CId Iblal1elil. The v~te-d j:l:l1a~ W,JlI\ltTffi'!':. tfulr ~<<I Wt'r'e ert'ploy~ :;:'$ 01 Jun.~. 2!'MOO.1tyOlJ lClr. mInattl<l empto~"t prior to ttlllt ~w. your actUld 1f"t9d baia.tJol- Q;l,U!d 00 r.e. ltlan tho amount shewn. VotlrYesWd bai.t1tOl ;. baM on dAtaa-vai!abf6> to 0,. ~nga PAtn. ar.cI wID Do u~d a[ your M~tIon from s.orvia:l'. Gl3nInleed Fund Rata. The ~le.o:d Food ~n.euv. annusl yield for the ,GCOI'ld qt:8ltOl ~ 7.10%. The Gtr.lnurteed Fund el(liIctiv~ annl.l~ yield WiI1 d~ljJascl to 7.05% for tM thfr4 ql.l4rter of 2000. PiH"l'lt'ti~ ll'Q~.tlllftlOnL Prompt!)' ropoI1 aSl ~nc::io:f..by cltJling 'f~11c. Ygu mwy .lso ~ '" vii .-maild pGrtlIClJ'lo'@401Ic.::c"SlJ.x:om. VOl.! mu~ 11I'0 mall writtvn notlCo of ~ntIal ."ur. to PlSr1!-elDDrd StlrviCM P.O. EhlJ~: GBof061 Auutn. lllDUI 7r7W-4O&T. " ~ ci ~ 3 U EXHIBIT B ** TOTAL PAGE.02 ** ------- , . STATEMENT FOR THE PERIOD 04/01/00 THROUGH 06/30/00 POINT SPRING COMPANY EMPLOYEES 401(k) PROFIT SHARING PLAN BEGINNING FUND CONTR I - ENDING BALANCE WITHDRAWAL FORFEITURE TRANSFERS SunoNs EARNINGS BALANCE CHRISTOPHER O. MCCLURE 203-52-9865 EMPLOYEE PRE-TAX ACCOUNT SCHWAB MONEY MARKET 514.73 0.00 0.00 0.00 144.52 7.22 666.47 AM. CENT. BENHAM GNMA 515.26 0.00 0.00 0.00 144.53 8.29 668.08 SCHWAB 1000 190.79 0.00 0.00 0.00 48.19 -7.56 231.42 SOUND SHORE 182.57 0.00 0.00 0.00 48.17 -13.31 217.43 NEU. & BERMAN GENESIS 193.98 0.00 0.00 0.00 48.19 9.81 251.98 SCHWAB INT'L. INDEX 190.98 0.00 0.00 0.00 48.16 -9.74 229.40 TOTAL 1788.31 0.00 0.00 0.00 481.76 ~5.29 2264.78 EMPLOYER MATCHING ACCOUNT SCHWAB MONEY MARKET 257.35 0.00 0.00 0.00 72.27 3.61 333.23 AM. CENT. BENHAM GNMA 257.62 0.00 0.00 0.00 72.26 4.15 334.03 SCHWAB 1000 95.46 0.00 0.00 0.00 24.09 -3.76 115.79 SOUND SHORE 91.25 0.00 0.00 0.00 24.09 '6.62 108.72 UEU. & 8ERMAU GENESIS 96.98 0.00 0.00 0.00 24.10 4.92 126.00 SCHWAB I NT' L. INDEX 95.43 0.00 0.00 0.00 24.07 -4.87 114.63 TOTAL 894.09 0.00 0.00 0.00 240.88 -2.57 1132.40 FUND TOTALS SCHWAB MONEY MARKET 772.08 0.00 0.00 0.00 216.79 10.83 999.70 AM. t::ENL BENHAM GNMA 772.88 0.00 0.00 0.00 216.79 12.44 1002.11 SCHWAB 1000 286.25 0.00 0.00 0.00 72.28 .11.32 347.21 SOUND SHORE 273.82 0.00 0.00 0.00 72.26 -19.93 326.15 NEU. & BERMAN GENESIS 290.96 0.00 0.00 0.00 72.29 14.73 377.98 SCHWAB INT/L. INDEX 286.41 0.00 0.00 0.00 72.23 -14.61 344.03 ACCOUNT 2682.40 0.00 0.00 0.00 722.64 -7.86 3397.18 ~' EXHIBIT ~,'.A Every effort hn~ be~n mUUl:" to insure thll accuracy of the information contained in this ben~fit statement; however, in the event of a Llisc~pancy, nctual benefits will be determined according to the Plan pr9visions. (J);nvesmart !!Iil~~~_jilml;joj'" "..........IIl~!&~~tillilfi;~Wiiili&tf....~~...-" . .~~ ~~ (') c <: ~S~ 2:[''' ~~~ ~_:~~ r;: C) ?Cl :?;Cl >-c': -'l ~ o () -r, -.., r.~ CC) I c.n ,'" ..;,~ r-, ~,~~ !i21{~~ ~ '5J -< ~} - ~ cr' '. _,' ".' ,,~"4_ ,,'~'" '",',~ ~",' , 'I r LORIE ANN MCCLURE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 00 2568 CHRISTOPHER MCCLURE, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service siqned bv Defendant. Christopher McClure on Mav 8. 2000. Complaint filed on April 25. 2000. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the Affidavit of Consent required by section 3301(c) of the Divorce Code: by the plaintiff January 30. 2001; by the defendant January 30. 2001. 4. Related claims pending: No other claims are pendinq. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d) (1) (i) of the Divorce Code. (b) Date plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the prothonotary: February 6. 2001. Divorce MEYERS. DESFOR. SALTZGIVER & BOYLE 410 NORTH SECOND STREEr . P.O. BOX 1062 . HARRISBURG. PA 17108 , (7i7) 236.9426 . FAX (717) 236.26i7 ~'" b. "' '~~'""~,~""" ,;- ~.' ",,"'~.~',.;,;," " '~"" '-' ,;"11'", ,".",~~ . ,~",~.~I"",,,",,~ -- ~.,~~,','~,,'~~ _~..,~,=""""" ~V, ~,' , ~ - III. o c s: -oCP rll'rn Z:J:: ZL;": ~:2 ~c; :2:C, E'::'C::' :>'C ? :::! - c:> o -'p ..." 0' OJ ! CO "~"~~ -.::-n ',.", ___~ i ~i~ ~~ '::.-1CS ~--:-n"l ~ ~ ~ ~,) ,:;::> (J1 "on, ,", ~- ,.';'~ '1"--" ' ';' ,,' - '~., ",."",, ,":: ,,'.;,.,. ',~L',,,,,,0:~I',", (~i"" ,'"" ~,-,~" " J~ >: .. '. APR 2'6 20oab' t)5 LORIE A. MCCLURE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ~.iO.: 2000 - ';?S'IeJ> (?,;.K'L 't~ CHRISTOPHER D. MCCLURE, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY ORnER OF COURT r'- f6 -/ AND NOW, this .2( day of tI/l. ,2000 upon consideration of the Custody Count set forth in the attached om plaint, it is hereby direct~d that the parties and their respective counsel appear before PAw},) -<). <?v'-...:i"J f~1' the conciliator, at 3~ tJ. ~.}.. 5. Ma.~,~ s~ on the ,,;;lD+h ' of ,)unE;: 2000, at 3: 00 aa.\p.m. for a Pre-Hearing Custod onference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary of permanent order. FOR THE COURT: By: 'lWAJ ~ )J~7 C stody Conciliator (j' (tt) 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 -", >.",,' ~'. -, - ' '.'__'.-0 -0" ,".,'"," -I ".... ~--""~I'l;c ",,,,",' "h"'t"j""""'-i-.">c""''''''-'''''''. , ",/-.. :....:: - "0' uu ,2/ f-'", F , " <'; ::~B C'Uh'~1~~;~::1 "0',;',- ,", I " ' J(,";~i\V'i\!('\'L";,'_ "JiV 7 ;1 ,-, l\,t.JY 1/1'1\1/," , ":\',,."1 J/';r?co t4/- ~ ~ ~ 4' ~ '1-;;)'(:/0 ~ ~ ~ df! 'Y-d)-t?tl ~ /I<~ ?f; 4 ~> " 4 m~ mil" '~,j,~-""i?""'" ." . ~O;;",'."" ,.', 'We,"-,"," " ,c',', i ^ ,,,.. , "'-'" ' ,~ ,__, " ''''F,''''~'P,!I ; III "',",~ ,_:-~, -- ,,' -,,'~ _0"<,,,,', .'M'" < '~,--'",'-- <"I~'" ,,~,,~ >:.'" i ,,~' ",'","'",1,; "''-~l , , LORIE A. MCCLURE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 CHRISTOPHER D. MCCLURE, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIr.HTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim of relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 [lMFRICANS 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. "."" -' I',,' "',0'" " ',. , I ~, '~.~"'",,',',~,~ -",' :.':~: ';"1, - "~:i "',j I I I I I , I I , , . LORIE A. MCCLURE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 _ ;(5(,. ~ c;;;J T'..u.- CHRISTOPHER D. MCCLURE, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Lorie A. McClure, by and through her attorneys, Wix, Wenger & Weidner, and files the within Complaint against the Defendant, averring as follows: Count 1-lIndp-r Section 3301 (c) and 3301(t1) of thp- Divorce Codp- 1. Plaintiff is Lorie A. McClure, an adult individual who currently resides at 4835 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Plaintiff has lived at said address since June 1990. 2. Defendant is Christopher D. McClure, an adult individual who currently resides at 4835 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant has lived at said address since June 1990. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 16, 1987 in Philipsburg, Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United States of America and are not members of the Armed Forces. 6. There have been no prior actions of divorce or for annulment between ~ ' , ,',", ' ,,-,,,, " ,'~ , ""',,' '-' :,,,;;__:J,' " ,>v', ,,., " '~' '~'o" , . , the parties in this or any other jurisdiction. 7. This action is not collusive. 8. Plaintiff has been advised of the availability of counseling and understands that he may have the right to request that the Court require the parties to participate in counseling. 9. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce pursuant to Section 3301 (c) or Section 3301 (d) of the Pennsylvania Divorce Code of 1980, as amended (the "Divorce Code"). Count II - Custody 10. Paragraphs 1 through 9 hereof are incorporated herein by reference set forth in full. 11. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE DATE AGE OF BIRTH Brittney McClure 4835 Creekview Road 11/1/92 7 Mechanicsburg, PA 17055 Christian McClure 4835 Creekview Road 6/23/96 3 Mechanicsburg, PA 17055 The children were not born out of wedlock and are children of the marriage. The children are presently in the custody of both parents who currently reside at 4835 Creekview Road, Mechanicsburg, PA 17055. During the past five years, the L'::': """I I I I <'I ~, ,< ~ , Co,,-" i,;c,,,,, 0< <,I "I. ,= ,,",', .,' i',~ , . ~'j '. . children resided with both parents at said address. The mother of the children is Lorie A. McClure, who currently residing at 4835 Creekview Road, Mechanicsburg, PA 17055; she is married to and living in the same residence as, but separated from the Defendant. The father of the children is Christopher D. McClure, who currently residing at 4835 Creekview Road, Mechanicsburg, PA 17055; he is married to and living in the same residence as, but separated from the Plaintiff. 12, The relationship of the Plaintiff to the children is that of mother. The Plaintiff currently resides with the children and the Defendant. 13. The relationship of the Defendant to the children is that of father. The Defendant currently resides with the children and the Plaintiff. 14. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or elsewhere, 15. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16. The best interests and permanent welfare of the children will best be seNed by granting the relief requested because the Plaintiff anticipates that the parties to this proceeding will soon be living apart from each other due to the Defendant removing himself from the marital home, which has been the only .,', , " --'---1"'" ""'o"~<.' .",-",,',. " .-',< "~';'.>',' ,,' " ,.;', 'I , , "'_' ~__ i " - , ,',,'ll ""^,; " . residence the children have known their entire lives. It will be best for children to have a stable home with their mother. The Plaintiff is best able to provide for the care and maintenance of the children because she has a steady job with Nationwide Insurance Company since 1988, she intends to remain in the marital home and has been the primary, and often the sole caretaker of the children their entire lives. Plaintiff can best provide a permanent, stable home for the children. 17. Each parent whose parental rights to the children have not be terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant legal and primary physical clJstody of the children to Plaintiff and to grant such reasonable visitation of the children to the Defendant as is appropriate under the circumstances. Count III - Equitable Distribution 19. Paragraphs 1 through 18 hereof are incorporated herein by reference. 20. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 3501 of the Divorce Code. 21. Defendant may have owned, prior to the marriage, property, real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during <.- 'I' ,--', -~,. ~ '-' ~', ' "',,,^ '""",'- ""'0'"" ",I" 'C' " the marriage, all of which is "marital property." 22. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint, and substantial portions of said property are in the exclusive control of Defendant. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree for Equitable Distribution pursuant to Section 3501 of the Divorce Code. ubmitted, ER & WEIDNER o DATED: April 18, 2000 , "0 "',C l" """.......'1' . ''''''-"",,~i .... ,If ~ VERIFICATION I, Lorie A. McClure, Plaintiff in the foregoing Complaint, have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.SA Section 4904, relating to unsworn falsification to authorities DATED:3~ 61 , 2000_ ",'. " ' '_'_"'O>'~,'. , ' '0 "._ l', ,. . LORIE A. MCCLURE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 -2568 - Civil Term CHRISTOPHER D. MCCLURE, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Christopher D. McClure, the Defendant in the above-captioned transaction, do hereby accept service of the Complaint For Divorce. ~,/J/lJl(I~ Christopher D. McClure DATE: os)o/ ,2000 ~I. ' 1 1 "', ~.'" . , ;/ ,,', "'1 '. " ~' .. "",,,', ~"--''';' I "~ m'~'-'<i LORIE ANN MCCLURE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 00 2568 CHRISTOPHER MCCLURE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 25, 2000. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit 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: l- .30-0 / /J/OjLuJ {l.ll} (~ ~orie A. McClure I :1 il i: II -I I! 11 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236.9428 . FAX (7'17) 236.2817 ilIiIi~"'_''''' ,__o,~""......,,,,,,,,,,,,,,,,~,;.-y_,, ,-II :n-i1iT -. ~~o~,~~ ,~ M. .M . ~ ~L .. '. ""-........,.;,"" ~,., ^~, ,~M " " ~,', .."~,, "',p" , 'iifIlj' ",1'=",0, .. ~, , ~ , ,'" . ,~ ' " , '2 0 0 - ~n ~ -n ~;-j -OU; r:t P"l'Y'-' C!.l , " Z::u I , ~rrc . ,---" lJ' . , =<"', () ~C --0 ~~;~~ :~.!, ~"'.r"- :::1: ;:'-) Z';--', \" ~C - ('~) :~~ ~ C"" :'i::l -<:: (.f1 -< "~ ,,' ~. "It ~" .. ~--, '" 'd ',.' ) , r . LORIE ANN MCCLURE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 00 2568 CHRISTOPHER MCCLURE, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301CC) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !!l 4904 relating to :::or/,~:fJication fo aUfhor~ d7l1~ Lorie A. McClure MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORrH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 , (717) 236-9428 . FAX (717) 236-2817 iii'~""' O~ ""~"''--'-'"', . " I ~ <~ '-,' ~ .,. -","0 ~~ ~;,' V I" <. , , ,~ , " . 0 c:::> C) C ->~ '" -n -003 ,,,,, .-.-; nlrn C:;! -, i.:":;:: Z-'I 1 ;-1l ZC- ", ~?2 0' ~~:2, T (:-:) c:::C} -0 -" :i>c ~ Q -~ Z' --- -C) J>C C) ~ !"" ~ :::v ()"\ '-< ~ - !' '''''0 l' .. 't ~ t f. ~, LORIE ANN MCCLURE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 00 2568 CHRISTOPHER MCCLURE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 25, 2000. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit 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: J3t/OI ~~fl~ risto her D. McClure -- !I 'I 'I II MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 , (717) 236-9428 . FAX (717) 236-2817 ill' ',;.;.- , ~--, - ,~-~~ '. .~ i < ""-~iiII . 0 0 ~ l..--' C -'1"\ -~ ""1 ':1 :-"",,~ -0 cr~ r> " mill t::-l S'.-:: z:r,' ZC , Q ~~:, 0' -,". " \-) r;:C) --0 ::;:.; ~o :J' ~: ,~ (i ..-C--' ,;~\rr: >c ,~ ;-"~ ~ c- 2: (1' ::t _?,,, "~~' ".- .,,~ ~,',~ I , ~ ,,~ .. '" ",--,." ~',I 'e-fi',.,' ~ ... ~ r. '" >< LORIE ANN MCCLURE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 00 2568 CHRISTOPHER MCCLURE, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER " S3301(C) OF THE DIVORCE CODE 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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 /310/ c~ll!lf~ II if I, '[ II MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 1710B (717) 236-9428 . FAX (717) 236-2817 ,~ ill"'" ","",,,,," - -- .- :~ .~ , ",,,I,,, - ,~ "'" .. ~'=i"" '" i_ .... () C s: -U'~'"r',; nlH; Z:J:.' Z,S;~ ~~~ !<C >c. ~O >c. z ~ "" CI ,-) ::- ~ .,1 ..,., en (.;0 I C". --:0 ~:j . 9 I.. -i-': (~2cS ;,;,~:jn -=; -1;:"", ;p -< ,~ ~> ~ ;:- G' , ... .' - ~ ~ ~~ ,~--- .~ ,,-:- .';-,;-" ~' ~;~;;;'-;.."'::..;;;;;-'::'~:,;:'~'. =~~~~~-;2~~'-i=~~i~~j __" "n_~_.__ ~_._.~_ _ ----=, "",,-,","""'--,,",",,- ,~--~'"...........-_-.-. ~ - ___n'___ ______ ,_,_ E~:;:~: ' iP,,",:," " ,~,' _~~~_o~~_~,,~~"_ --,--~------~,- _'~""""'=w'_.~ ~'"'-'="-..".-..."""""',. ...' _,~".~-:;c~",~",-,:__,"ZO-,--~=;",~~,--'-:-""~ __.. :~,'~~~-~~-O:~?~:~~~~,~~! ";''- til~-: ,~,~~"~~~';.L""'>~.'! - --'".~....._,"~-;;; . _. "'A,.-,,,-~-'- Ii'';;:: [.-.....-- .,.,..,'C', 'ffi'.'-:'~l~c~' '- PLAINTIFF'S EXHIBIT I 1~1r3JoQ J-FH .. .. ,.-~ --~'~,iE~~ ...." "",.' . -"-' ... -7]-'- ,-~ ' ~"' ':;-,' ~" -' _.-... tfJf2~1 "I ~f J '""':i ~~,~, ~ ""'\ --: II <'- . ~ ~GUIDANCE ASSOCIATES OF ..' PENNSYlVANIA MAIN OFFICE 412 Erford Road Camp Hill, PA 17011 Stanley E. Schneider, Ed.D. Director Camp Hill: (717) 732-2917 Hershey: (717) 533-4312 Carlisle: (717) 245-2289 Chambersburg: (717) 263-9392 FAX: (717) 732-5375 December 7,2000 Laurie A. Saltzgiver, Esquire 410 North 2nd Street P.O. Box 1062 Harrisburg, PA 17108 RE: McClure V McClure Dear Ms. Saltzgiver: I am sending you a synopsis of my findings and observations in this matter. Consistent in my approach in custody evaluations, I interviewed the parties. I met with Lorie, her significant other Bob, and Christopher, father. In addition, I administered custody-related instruments. These included Life History Questionnaires, Parent-Self Report Data Forms, Shapiro Questionnaires and personality inventories to all the adults (MMPI-2). I also observed the interaction between the parents and both children, Brittney and Christian. The children are at an age where there should be no more than three (3) or maximum four (4) days before they have contact with the non custodial parent. Brillney could tolerate more separation from the non-custodial parent than Christian given that she is eight and Christian is four. The current schedule provides contact for the children with their parents in a fairly equal way. Christopher indicated to me he wants the children "to see their mom" but would like the children "half the time.... I want to be fair". From the children's perspective, I believe the current schedule provides for their needs. Underlying Christopher's motivation is a lack of trust of Lorie. He noted not wanting the separation, worked to the best of his abilities to keep the entire family intact and related his experience that he does not trust Lorie to keep her word. He also may believe that Lorie and Bob plan to relocate which motivated him further to insure his continuing, regular and frequent contact with children. This is his main desire. Christopher continues to struggle with what happened to the marriage with Lorie although does ~Comprehensive Psychological Services . Drug and A'cohtlJ:lI:=,/oo tFHr~ ' PLAINTIFF'S EXHIBIT _",.,~,__,,,,-;.,,,,-,.F"";~,,,",,,-,,~,,,-=,,~,~,_.,~,_~__,~,__~,,,,,,,,,,,", "j- I,~,,~" "'"'~ '" ''''-'"",",' .' "~~ ....d~=cl;,"""""_";"""'.-.i,~""'J..-~""''''",-hL~''''''-''''L~,'''','''(''''''''--''''~~~...-'-[",c''>-"'-';, McClure v McClure Page 2 "own" that some of his decision-making in the mid to late nineties may have contributed to distancing between him and Lorie. He believes that Lorie became depressed because of his absence from home which burdened her further regarding parenting/caretaking of the children. As noted, Christopher wants equal time. The current schedule approximates this. One of the options that Lorie might consider in an effort to resolve the situation is to allow him to be with the children on Monday's (when there is no school) as well as teacher in- service days. This would address Christopher's desire to have what he refers to as equal time. Christopher indicated that he wants to do "the best thing for my kids". As I indicated earlier, my und~rstanding of the current schedule does fit the children's needs but may not fully meet Christopher's needs. Finally, it's my understanding that Lorie is content with the current schedule. On a positive note, I understand that both Christopher and Lorie attended a PTO meeting on the same night and spoke with the teacher at the same point in time. Christopher would like to reduce the use of day care and indicated that his schedule allows flexibility so that he could be with the children. An additional positive is his sharing with me during our second meeting session (10/4/00) that "she (Lorie) does communicate" with Chris. Christopher recognizes that Brittney is doing well in school and wishes to do nothing to upsetthe achievement that she's experiencing. He is concerned about future loss of contact and time. Essentially, Christopher wants assurance that his relationship with the kids will be preserved. He does not want to lose any more time and stated he thought "she's trying to put me out of business" as a parent. Christopher is more relaxed concerning Bob's interaction with the children. Basically, Christopher wants his rights to be legally protected and his contact with the children preserved should Lorie make changes in her life. There is nothing in Christopher's personality profile to suggest any emotional problems or personality disorders. His response content reflected feelings of isolation, a lack of sense of belonging and that others are blamed for problems. His profile was valid and he has sufficient personal and emotional resources to deal with the stresses, demands and responsibilities of parenting. Christopher made references to Lorie's possibly being depressed and her receiving therapy. I contacted Lorie's former counselor who indicated seeing Lorie in the January (2000) through March time frame. There was also a joint session with the therapist, Lorie and Christopher. Lorie was diagnosed with depression and was on an anti- depressant which helped her. The therapist indicated that Lorie had pretty much already decided to leave Christopher before she sought treatment. There was nothing noted by therapist to reflect that Lorie has any continuing issues with anxiety or depression. There is no evidence of her being depressed currently. ,-- : --', :'-"';"""'\i;,~,.-:~n@~i;l.i\.<ii't5'f<,-\"CI'$:1t":,"S,;"~~"~,Ci.,,\f'~~n;~',, ',-, "s';.-" ,""',nc',",,',"V,"-"'''"'''''''''~''~' '-'0'--<=->" ,.~ ,," ,c,',",,',",,' ,',"_, -~,~~'""~~~, McClure v McClure Page 3 Lorie was seen on two occasions individually. She was in no apparent distress. She was open, volunteered information freely and seemed content in her current relationship with the children and Bob. She talked about feeling somewhat abandoned by Christopher regarding parenting. To her benefit, Lorie stated that she "wants him (Christopher) involved their (children) lives". Lorie mentioned Christopher having a short temper but noted no evidence of same since separation. She had no concerns about Christopher's relationship of the children. Initially, she indicated that she does not want the kids "tossed back and forth" wanting more consistency and stability. However, in my last contact with her on November 18, 2000 she indicated that she is O.K. with the status quo. I had noted that both kids are doing well. Lorie also identified some positive signs. An additional piece of evidence that perhaps she and Christopher can cooperate is noted in their both agreeing to a change in the court order of August 2000 which better fit their schedules. Lorie noted that she and Christopher do communicate if the children are ill or have special needs. She related that they can "talk better by e-mail". With the passage (')ftime, she notes that Brittneyin particular, is more relaxed in spending time with her father. Lorie's personality inventory was typical of parents going through custody evaluations in that she presented herself in a favorable light. Good moral values appear present. She did endorse socially approved answers. Some rigidity is indicated and she may have some difficulty expressing her feelings and emotions in a modulated fashion under certain stressful situations. She answered questions in a way depicts social confidence and denies influence by others. This reflects growth on her part since leaving the marriage. There is nothing in Lorie's background information, interview data or test findings to indicate she cannot appropriately, maturely and effectively parent the children. Parent child observations were held with the children and their father as well as between the children, Lorie and Bob. Christopher's interaction with the children was imaginative, low-keyed, relaxed. They looked like they're use to doing things together. They related with and to each other easily. Christian tended to lose interest during a teaching activity but Christopher was successful in re-engaging him. Brittney is the more cooperative child; Christian can be more demanding. As noted however, Christopher was successful getting him involved. Christian has more separation issues versus his older sister. Christian's family drawing included his father first and Brittney second. Christian presented as a well dressed, well nourished, clean, pleasant youngster who related easily, talked openly and was relaxed - reflecting that he is receiving appropriate parenting. When asked who gives him the most hugs, he identified his father as well as identifying him as the parent who loves him the most. When asked who else loves him, he quickly identified his mommy and then Brittney. If he had a scary dream he'd like his father to be with him. He related that both parents will take him for a hair cut. He believe that both mommy and . : /'-;::;~','o;;~~~"":~"""I~~,jr-;;ji,~~'M1.'.r;);'':S'j'$~~*'';'i( "' ."';",,;, "".,,,,~\,, ::..:":',<,,--;!%l'i,"W""- ,','..~" , . . ~ > ,,', "'. ',jb _ ;';",>., """'i't! ~(~",C,"'~;~"~~-""ih I ._'.'.,'-=u......~"""'"",<" McClure v McClure Page 4 daddy can take care of him the best. In sum, it is noted that both are very comfortable being with their father. There was cooperativeness and light-hearted giggling noted. Review of Christian's rating form from Kidz Quarterz completed October 5, 2000 suggest that he has acquired practical skills consistent with his age and stage in life. Further, there were no concerns about his social and emotional status, his listening skills, speaking skills, reading skills or work habits. There may be some on going separation anxiety observed at times. When Chril:itian was seen with his mother, he drew an additional family picture drawing his father first, his mother second, Brittney third and himself last. All the family members had smiley faces and he indicated that the activity had to do with tickling one another. He related that he enjoys playing with both parents and did relate that daddy is the one may yell the most and may get mad as well. Once again, he identified daddy and mommy as giving the most hugs, tucking him in bed and reading him a story. The findings reflect that Christian is bonded and relaxed with both parents. He did not include Bob during my contacts. Brittney presented as a beautiful, pleasant, bright, well dressed, socially comfortable, open eight year old. She continues to question why her parents are not living together. She related that mom "always cried" while she and her father were living together and indicated that "she doesn't cry any more" since separation. Brittney did not identify her dad yelling at her. When seen with her father, Brittney's wishes were for her parents to reconcile and also indicated that sometimes it's "hard going back and forth". Her second wish is to go to Disney World. She would like to go with her father, mother, brother, Will (Bob's son), and Bob. Her third wish is for a big sister. Brittney did not identify anything about the current schedule she would like to change. She also indicated that ne.ither parent says anything negative about the other one. She stated that they "talk when I get dropped off". She completed a 'feeling' chart circling the happy face. Results of the parent report cards completed on that occasion with her father reflected her awarding all A's with some B's to all of the (three adults). Brittney was seen on October 21, 2000 with her father. She mentioned something about mom moving. I suggested to Christopher that he contact Lorie directly to identify if same was occurring. Christopher left me a telephone message indicating he did speak with Lorie, who has no idea where that statement originated from. Review of Britlney's report cards do not reveal any concerns about her behavior, adjustment, or performance. She is noted to be "a sweet and cooperative child". She ,'"'$""""';' ;, ~ ~___",~,=""";="-,,,__)'''~,,''''",~i'''''''--'''"k'~''-'' ,,'~ :', .,; ,." .. ','," '._',' '~',,,,"" -"-.,""",_,,__"""'~ ',""',"~"~,,,,,,,, ..., ,'''~ ."""''''''~~'~_~'~'_'<~'O'~ ~~'''"''__.'_' ---. . McClure v McClure Page 5 is identified as well liked by her peers and as a youngster who likes school. All of Brittney's approaches to learning were noted to being successful with no need for improvement. The only approach to learning noted in the first marking period of her current second grade, was her showing improvement in following directions. Consistent with last year's report card, she is noted to be performing successfully socially, emotionally, and academically. When the children were seen with their mother and Bob, all four were relaxed. Brittney took the lead quizzing both adults. It was noted to be easy going, highly interactive time. Asked to plot a map route, all four initially huddled over the map and Bob was very effective in engaging the children. Once again, Christian becomes easily distracted. Both Lorie and Bob were successful in re-directing Christian. Both kids were noted to be well dressed, relate to each other and adults easily, were clean, cooperative. It was an effective, positive interaction characterized by high energy, imaginative play and mutual respect and cooperation. Brittney completed a sentence completion test when brought in by her mother. She identifies both parents as giving her hugs and kisses, both of them yelling at her and both believing that she is a "special" child. There was nothing of concern noted in her sentence completion test. Some evidence of sibling rivalry may be emerging. The only thing she would change in her mother's home is permission to stay up late. She would like to get a new bed in her father's home. The only thing she would change about her mother is that she would like her mother to have "hair like me so I won't be the only one with blonde hair and write with my left hand". She said the same thing about her father. There is nothing noted by either child to suggest that there are any difficulties, problems, issues or concerns about their relationship with either parent. Neither child seems to have any untoward effects resulting from the parental separation. Bob indicates that he would help Lorie make dinner and he is with Lorie "most of the time on an average week". He has a visitation situation resulting in his traveling to Bedford to retrieve his son. This causes him to understand Christopher's need as a father and is respectful of Christopher's need to be involved. There is nothing in Bob's background to suggest that he had any adjustment problems as a youngster, adolescent or adult. I explored the demise of his marriage. Emotionally, it was somewhat vacant. The only step-parenting pressure Bob identified was occasional non-compliance, usually by Christian. He indicated that he hopes that his relationship with Christopher will be respectful and civil. ,'_<""'-C,'~'"'''_"''''''''''''''''' ~~h _ ~'___'",,,,,,,,~,.,,,~~ y ~, '~~.,.~,.~'"",_,_."'.>_,_".~,,,,,,, ,_",_~~"",~__,., ___, """C~'_ __~, ~'~__~_" .'~~._'__~ ~,~ ~~~~ ,~ 'n",o; McClure v McClure Page 6 Bob's personality profile reflected his being somewhat defensive. However, relative effectiveness in everyday functioning is suggested. His behavior is consistent with people who are described as perfectionistic, who tend to be conscientious, punctual, organized and reliable. He may have some difficulty expressing his feelings and emotions - similar to Lorie. His validity scales reflected his denying many things, including common human frailties suggesting that he wants to present himself in a favorable light. However, there is no collaborating information or evidence that suggest that he would have any difficulties handling the demands, stresses and responsibilities of step-parenting. In sum, it's my sense that Lorie and Christopher are close to agreement. As noted, Christopher wants assurance in writing (court order) which protects and preserves his right as a father. He also would like additional time getting close to a 50/50 arrangement. This could be accomplished by allowing him to be with the children at times during each month when they have off from school - given that he has a flexible work schedule. From the children's perspective, the current schedule is working. The parents can alternate holidays without difficulty. Regarding a summer schedule, it is my understanding that the parents work schedUle will remain throughout a twelve (12) month period. Further, I believe that both parents intend to use day care or a similar arrangement through the summer period. I am therefore recommending that the current winter schedule continue through the summer with both parents enjoying vacation time. Christopher has up to five (5) weeks vacation time per year. He indicated an intent to utilize two (2) possibly three (3) weeks for vacation during the summer months. In that regard, I am recommending the children be with him one (1) week each month during the summer whether or not he uses it for vacation. If Chris has additional time off work, I recommend he spend time during the day in the summer while Lorie is working. During his weeks, assuming he is in this area geographically, I recommend the children have open telephone access to Lorie (as they should throughout the entire year with the non-custodial parent) and the opposite also be true when the children enjoy their time with Lorie. Kindly contact me if you wish any further elaboration or clarification. Respectfully, . 0 I - [ ~dw; &:I ~. R(!e / Stanley E. Schneider, Ed.D., R.C.E. Psychologist Registered Custody Evaluator SES:sm ,',"-R~"m"~"'''5J'''''' - -"'''''!!''''''''''''''''''''''-''''-='^''''''''-''_.'=,p,,~ """^' "'"~'''''''W'=--'''''~'~'~''~'_''''_~_ - -'''",~,'<"' o"'__,,;,~~="~o"m'~~'~',~,~~->' 7" __ ~__~._ ~ _ .~'- _,< " ~ . ~~ " . , ~~''ti .... /f1Jf'A L-o~ ~ r CfI?lC; /{o well here i go again with the email but it seems to be the way i can communicate best and keep my train of thought when i'm upset. here's another 'fyi', as of january 2, 2000 my car phone service is done. that will be $25 more a month..actually $27 with tax and shit. i can still call 911 from it if need be, you dont have to have a service for that. it seems like we've been over and over things and i've explained myself and why i have the feelings i do or rnaybe i should say dont. i dont know how else to put it or explain it. you can only tolerate so much and then you get an i dont care attitude. i rnade up my mind sometime between after christian was born and when we redid our vows that i would tolerate anything for my kids sake and i would tolerate being unhappy until we got. hi1ll raised. so from there ijustkept myselfbu~y, as busy as possible..tried to blow e'-ferything off or just keep it to myself bec,ause it just wasnt worth the hassle. every now arid again i would let stuff get to me, then i wo~ld just go out with jude or whoever and we would blow off to each other and then it wo\ild be ok...for awhile. Then i guess as i got older, i found myself getting more emotional and realizing that life is really too short to be unhappy. but again i just kept going. Then i went part time....BIGGEST mistake i ever rnase. i never could understand pe,ople having nervous breakdowns....until then. there were days when i would sit at work and cry and cry because i was so unhappy. and contrary to what you think about gina and joanne, it was they and patty who kept me from having a breakdown. They supported me and were there for me. patty pulled me in her office one day and said 'i am here talking to you as a friend, not a boss' and proceeded to tell.me that my work was suffering but more importantly my kids needed a mother, a healthy mother and that i needed to get to the Dr. That was a really big step i made the day i called Dr Harr. 1 was trying desparatly to . NOT take any drugs, especially with our beliefs in that dept. after i met with the Dr, 1 felt 100% better just knowing that it was OK to need medical help. Well then it seemed like every time we got into a 'discussion' you threw that up in my face. 'life is stressful, everyone has stress, you deal with it...without drugs'. and i know right now you are thinking 'i didnt do that' ..i know you well enough to know whats going through your mind. But chris you did do that. So once again there were days 1 went to work and cried , although not as rnany times because the medication had kicked in. finally one day when you were on a financial kick, lwent to patty and said 'I need to come back full time whenever you are available to take me back full time'. Again 1 cried because I felt like a failure. .. who in their right mind would want to go to work when they could be home with . their kids??? But 1 could see 1 would not last very long and plus 1 could see financially we were getting behind where we wanted to be. So back to full time I went, felt good about myself, tolerated brenda. Then the new job, 1 really love it and my new co workers. 1 knew though, that I needed to get off this medicene. Tried several times, couldn't do it. Finally 1 got disgusted with being on it, 1 felt good about myself so 1 'made the break'. Then last night when you made the comment about 'everyone takes medicene, some for blood pressure, etc. and you just needed something for your mind' . that was a very supportive statement, however 1 had DEFENDANT'S EXHIBIT , "2... I, ' ,I,' ~. ," " I already put myself through HELL getting off of it (and by the way, I did contact dr harr and got direction how to go off it). I wanted to smack the SffiT out of you!! !! Oh then one night you made the comment for me to call the dr and get pills to make me horny. since I could get pills to make me happy. Chris horny isnt the problem. 1 cannot have sex with someone that I'm not in love with or attracted to. Maybe that's wrong but that's how 1 feel. And there are no pills to make my feelings change. Anyhow, now that I'm off the path....i have always put my kids first, I'm always looking our for their best interest. They are the most important thing to me. However, I have to be happy as well and right now I am not. For instance, we went to joanne and daves right before xmas, you were so 'stand offish' that it made me uncomfortable. .. so we left. I blew it off. We went to gina and tims, laughing with everyone, again you sat back and were withdrawn which was no problem but it made me and everyone else uncomfortable. Monday morning gina said 'I could tell you were uncomfortable, tim and I don't have a problem with chris, but I guess he doesn't like us'. So again, strike that fun. I don't feel I'm a bad person, and I'm not blaming you for anything so don't take this whole thing wrong. I am not happy. Although 1 would do anything for my kids, I've been asking myself 'what is worse, 2 parents - the mom who is totally eaten up by stress and unhappiness to the point that its going to rip my body apart or parents that don't reside together'? Chris I am totally sorry that I can't get myself together and just be happy and tolerate things. I cannot do it any longer. So anyhow, that's the question of the day. Yesterday and today, 1 can feel myself slipping down, down, down. When 1 started crying at my NEW desk, the red flags went up. You said we need to be calm and talk about things and I was to be open with you. Well this whole letter 1 just spilled my guts the best that 1 could do with words. Now what? . Subj: me Date: 411'8100 2:.44:13 PM Eastern Daylight lime From: pi::':,!,c b9t1e ~J~,~;~~- ,::tillJ~ '"" _ ' this is not how i like to communicate with you but in order to keep my train of thought without crying and breaking down, this is how it is. plus i didnt want to get into it last night, i didnt know how much you had drank and qutte frankly, am not comfurtable when i dont know. i'm sony ifi haw hurt your feelings overthe past however long but i just feel like i am stressed to the absolute max. and i feel like whatever i say, will be taken the wrong way, like it usually is- i cant believe you said about ha\hng fun. for the past 6 months, every time we are together with other people you are the one who gets all weird and either sits off away from the group (brendas xmas party, new years eve on the front lawn,) or acts like you dont want bothered. i dont know how to describe it. we are all ha\hng fun and you are so stuffy about everything and cant seem to relax I Chris you have turned into someone i dont even know. i realized that the night dave/joanne, scott/kids were here and you flipped out. you had a look in your eyes that was of someone i dont even know. the disco party ....... paople sensed there wastension. Another thing (and i am by no means saying i'm perfect anywhere in this letter, i know i'm hard to live with), how many times do we discuss what you can do to help me and we get a game plan together, then it mils. for instance, you cooking dinner. you do it for a couple weeks then i end up doing it until i get all stressed again then you start up again. i realize its fi'usturating when we are all picky eaters and noone eats what you cook, do you think its any easier on me? no its not. Then with me working part time, we discussed you were going to come home and giw me 15 minutes to myself to walk on my treadmill or do whatever just to regroup because it was going to be a major adjustment for the kids and i. well, you worked longer hours than ever those first 3 months. it is then when i started feeling like i was losing control over my whole body..especialiy the mental part. then i would be stressed and you come home andtell me to haw patience. you have no idea what its like to all of a sudden become a full time mom (or close to ill especially when neither the kids nor i were used to being with each other all aflemoon and evening: i feit like you wanted me to be the perfect mom/wife, whatever and expected me to do everything else in betwwn. i am not suparmomlsuperwife. as a result i now have the lowest self esteem i have ewr had in my life. i feel like I am a piece of shil, the poorest mom and a milure at life in general. I know i can do It, i just have to find the right mental state and get myself going again. oh and i am a religion dropout as well. just to add to the list. as mr as you and i, i am just not interested In having a personal Q guess thatswhat you call it) relationship, I have just about enough on my plate right now dealing with all of the above. most days I just want to be by myself ( i guess that is the jepressed me) i dont want to talk to anyone or be with anyone. i cannot handle 1 more item of stress. i know sex is mportant to you but it is not to me and obviously hasnt bwn for awhile. the kids are the most important thing in my life and :hey suck me dry of energy. i love them both even though most days i could pull my hair out! 'm wry sony if i've let you down and this entire letter probebly sounds selfish on my part but if i dont get myself together,the ;tress will eat up my body. I can feel my health decaying every day. at's just take each day one at a time. ok???? DEFENDANT'S EXHIBIT 3> Saturoay, Decembllr2~, iS99 Amorica Onlir1O: Brakemc Page: 1 Subj: me..again Date: 5/24/994:08:15 PM Eastern Daylight Time From: Dishmc l-o~€- ~~~~~~~e;~~NI~5" j no i dont think that going to church with the kids is a bad idea. that wasnt what i was insinuating. you are more disciplined in that area than i am. as fclr as 'sneaking' around. noone is sneaking around, everyone reels how uptight you get when there Is a crowd! take the jisco party for instance, you said you had fun, however, other people perceived you as uptight and making them fclellike they Nere not welcome. this has been happening every time we get togather with people (except saturday night seemed to be ok). people sense this chris, they are constantly saying to me 'whats wrong with chris, why isnt he having fun'. joanne and daves s turning into be a disco bash and you hate disco. i am just ready to have fun and not have to worry that you are pissed or uptight. ves we had fun at the point spring party. i dont know what happened after that. as fclr as how I feel in my heart..i have been :rylng to sort things out since then. you are not the person i married either. i love you and always will but i'm not 'in love' with vou. this Is what is bothering me deeply, I am just sick. i hate sex, have for quite some time and maybe i've been feeling this NaY longer than i realize. oblJiously so since I dont want to be intimate. I am so miserable i dont know where to tum or what :0 do. i keep telling myself that i'lI get through this, and get my feelings back on track but so fclr i havent. i feel like i've let vou down and dldnt want to tell you this because i know your feelings will be hurt. you haw been trying lately around the louse and i do appreciate that. it is for this reason together with work bulls hit (and i mean brenda and barb,. .policyholders are 10 big deal, they are all assholes) that i decided i needed the antidepressant because ifi didnt, i would have a nervous Jreakdown. do feel now that i am a pretty good mom and am getting better at it. the kids are doing much better these days. having 3shley helps also. 3 kids are no mare work than 2. just like the seying 1 is 1, 2 is 20. very true statement. Nell there it is, i spilled my guts. probably just made my life ewn more miserable but atleast you know whats been going on n my head. DEFENDANT'S EXHIBIT t{ Saturday,DeCQmoor25,1999 ArnoricaOnllne:BrakOOlC Page: 1 Subj: Date: 1/4/2000 10:11 :08 AM Eastem Standard Time From: mctlurt@nationwide.com Lbf!..Jt!!: To: br.3kemc@~~~{~t"' .'.,.. &I;?t?.~. ,"f what are the counseling names? are you making the appointment or am I? we need to move ahead with this because I have so much anger built up inside me that i feel like i'm going over the edge.....again for the 2nd time in my life. hmm, off medicene 2 weeks, that didnt take long. Anyhow, i do not want my mom watching the kids or even knowing we are doing this. She has ENOUGH to wony about right now. so I guess we will be gOing separately. i'm sure you are by now asking yourself 'why is she angry?'. well for starters, i can NOT believe you asked my mom if she knew what you did wrong or what you did to upset me. WE have been over and over and over and over and over my feelings and how they got there. Near as I can tell, you are not getting the reply you want so you are going to ask and ask until someone tells you what you want to hear. Never mind, it's useless to discuss without a profussional. let me know if i'm to call or you are going to call. bye, ma Headers Retum-Path: <mcclurl@nationwide.com> Received: from rJy-zc02.mx.aol.com (rJy-zc02.mail.aol.com [172.31.33.2]) by air-zc01.mail.aol.com (V57.7) with ESMTP; Tue, 04 Jan 2000 10:11:08 -0500 Received: ffom uranus. nationwide. com (uranus. nationwide. com [198.8.253.11]) by rly-zc02.mx.aol.com (V57.7) with ESMW; Tue, 04 Jan 200010:10:55 -0500 Received: ffom agent57.ent.nwle. net by uranus.nationwlde.com (SMW Gateway) with SMTP id KAA24045 for <brakemc@aol.com>; Tue, 4 Jan 2000 10:10:55 -0500 Received: from entddcmta01.ent.nwie.nat by agent57.ent.nwie.net with ESMW id KAA09530 fur <brakemc@aol.com>; Tue, 4 Jan 2000 10:07:32 -0500 (ESl) To: brakemc@aol.com From: mcclurt@nationwide.com Date: Tue, 4 Jan 2000 10:07:23 -0500 Message-Id: <OF6F84AF6C.A958AE34-0N8525685C.0052790B@ent.nwie.net> X-Mimetrack: SerJallze by Router on EntDDCMTA01/SRV/NWIE(Release 5.0.2a INovember23, 1999) at 01/04/200010:07:31 AM Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascli DEFENDANT'S EXHIBIT ;;;- Wadnasday,JanuaryOS,2OOO Armlrica Onlino: Brokomc Pago: 1 ~00. 1,l0~ w~D~ TH0J<. FlGl j SPfr Su~ -";',----...........~=....~~ . :.,.k;,i:,.~.,:i.;',::' J "Ii '- " > ~ ~J J l ~ jY\ 0 i:;, .~RJ Su~ .,. ..::;-'.r ,-',_ ,<;;:;'.L>::C': -,,,,~,r,,,, .":'<' ,;~,',~,j; :__~:;'~,>-*~c.~~f~:.c~i: '"; '-':."'~"_"'T,~'_,li~~~;~:;.~ ,'J" '>;""n' ...., '-"". ,.i;,t;'~'.~.,~-;- -'~ ,- .....+,.;.:--,---~-::~,--=,~--='-:;;:,., ""f 2:";f-:;~'F,,-~- " ~-~ , ~ --1 -- :7 J 61:/2/5 ~~~{ . --,.' r, DEFENDANT'S n-EXHIBIT lo ) lr !1~ pc 1. "~ 'BV'~ l [ LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 I. EMANUEL MEYERS (1915-1970) BRUCE O. DESFOR LAURIE A. SAL TZGIVER CATHERINE A. BOYLE HARRISBURG, PA. 17108 (717) 23&9426 FAX (717) 236-2817 July 10, 2000 VIA FAX & U.S. MAIL J. Paul Helvy, Esquire KILLIAN & GEPHART 218 pine Street Harrisburg, PA 17101 RE: Lorie McClure v. Christopher McClure Dear Paul: As I have previously advised Heather Foust of your office, Lorie McClure moved out of the marital residence with the children this past weekend. Lorie has advised that the parties have been unable to work out a visitation schedule between them. I am proposing the following partial physical custody schedule for Chris. Chris can have partial physical custody of the children every other weekend from Friday after school until Sunday at 7:00 p.m. He would also have two evenings of visitation per week until 8:00 p.m. as follows. Monday and Wednesday evenings until 8:00 p.m. on the weeks prior to his weekend, and on the weeks in which he does not have the children on the weekend he can have the children on Tuesday and Thursday evenings until 8:00 p.m. I propose this schedule to be in effect pending the conciliation conference, and the schedule can begin this Wednesday evening, July 12th. Lorie will permit Chris to have visitation with the children on Wednesday evening, provided that I have your assurances that he will return the children to her at 8:00 p.m. that evening. Thank you for your attention, I look forward to hearing from you. \incerel>:, \ ~~lt .';~s. LAS/elk cc: Lorie McClure ) r JOHN D. KILLIAN SMITH B. GEPHART mOMAS w. scon JANE GOWEN PENNY TERRENCE J. McGOWAN PAULA.J. McDERM:OTI J.PAULHELVY lvITCHAEL J. O'CONNOR HEATHER M. FAUST THE LAW FIRM OF KILLIAN & GEPHART, LLP 218 PlNE STREET P. O. BOX 886 HARRISBURG, PENNSyLVANIA 17108-0886 TELEPHONE (717) 232-1851 FAX NO. (717) 238-0592 www.killiangephart.com July 12,2000 Via Fax (717) 236-2817 and Regular Mail Laurie A. Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108-1062 Re: Lode A. McClure v. Christopher D. McClure No. 2000-2568; In Divorce/Custody (Cumberland County) Dear Laurie: Thank you for your correspondence of July 11,2000. My client has agreed to accept the schedule set forth in your correspondence, Le., Chris will have every other weekend commencing with this up corning weekend and every Tuesday after school until Wednesday evening at 8:00 p.m. This schedule is an interim schedule which will remain in place until the conciliation conference which has been scheduled for August 2nd at 3:00 p.m. . To reiterate, the above agreement is being entered into without prejudice to either parties' position regarding custody. As 1 had previously indicated, Mr. McClure believes that he is the appropriate individual to have primary physical custody of the parties' children. 1 look forward to working with you regarding this matter. JPHlph cc: Christopher McClure yours, 'DEFENDANT'S :'=EXHIBIT ~ . I, . r LORIE A. McCLURE, plaintiff : IN THE CDURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-2568 CIVIL TERM . . CHRISTOPHER D. McCLURE, Defendant . . CIVIL ACTION - LAW IN CUSTODY : ORDER OF COORT AND Nai, this Ie; ~ day of Au...t::.uS-t- consideration of the attached Custody Conciliation Report, and directed as follows: , 2000, upon it is ordered 1. A Hearing is scheduled in COurt Room # & ' of the Cumberland counO Court House, on the 1.3 -tI, day of :Jj~r r/t... , 2000, at 9: j o'clock, ~.m. at which time testimony will be taken. For purposes of the Hearing, the Mother, Lori A. McClure, shall be deemed to be the roving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Hearing date. 2. In the event the Mother initiates a custody evaluation by Stanley Schneider, PhD. or other professional of her choice, the Father shall cooperate and participate fully in the evaluation in a timely manner. The Mother shall be responsible for all costs of the evaluation. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. 3. Pending further order of Court or agreement of the parties, the parties shall have custody of the Children as follows: A. The Mother shall have primary physical custody of the Children. B. The Father shall have partial physical custody of the Children On alternating weekends from Friday after school through Monday before school beginning Friday, August 11, 2000. The Father shall also have partial physical custody of the Children every week from Tuesday after school through Wednesday at 8:00 p.m. C. over the Labor Day holiday in 2000, the Father shall have custody of the Children on Sunday, September 3, and the Mother shall have custody on Monday, September 4 with the specific times to be arranged by agreement of the parties. D. over the Thanksgiving holiday in 2000, the Mother shall have ,.l ,'. ~ ^ ,j~ \e , custody of the Children on Thanksgiving Day and the Friday after Thanksgiving and the Father shall have custody from the Saturday after Thanksgiving through the following Monday, with the specific times to be arranged by agreement of the parties. 4. Upon completion of the custody evaluation, in the event both parties agree that an additional Custody Conciliation Conference would be useful in resolving the outstanding custody issues by agreement without the necessity of a Hearing, counsel for either party may contact the Conciliator to schedule the additional COnference. ~. t:..i &lC) t7: cc: Laurie A. Saltzgiver, Esquire - Counsel for Mother) CoplU m~llnL plio/lea J. Paul Helvy, Esquire - Counsel for Father '=rrJ J. 1~~illIlIlIlildllllliiiilllliIlliU~~..!Iili,bll;,j.~kli!<J-"~~"''''''''ih,i;1..',~''''';';;>k",''',;,~>!J1I",~!.,;ii<tilt~,liilllal.SlW8lillill/llil!i!!llali!,. -- '. VINV,\lASNN3d AlNnOC) Qf\~(!tEi8I^1nO 6S :8 WV ~ I ;)flV 00 Al:fI/'~"(J'" ,," ,"" j') J.' L1l\~, ,~i ll' <,.~ ..,,-' I -l ")' , ..'- .(\~l_, _" '.. 30i:l:iO..{Hlt:l ~. '0,_,< :. I , 1!iI!__ I .,' '; LORIE A. McCLURE, . IN THE <XlORT OF <XlMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-2568 CIVIL TERM : CHRISTOPHER D. McCLURE, . CIVIL ACTION - LAW . Defendant : IN CUSTODY CUS'lWY a:NCILIATIOO SUMMARY REKRr IN ACXX>RDANCE WITH Cl.IMBERLAND COONTY RULE OF CIVIL PROCEDlJRE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH ClJRREI'lTLY IN CUS'.I.'ODY OF Brittney McClure Christian McClure November 1, 1992 June 23, 1996 Mother Mother 2. A COnciliation Conference was held on August 2, 2000, with the following individuals in attendance: The Mother, Lorie A. McClure, with her counsel, Laurie A. Saltzgiver, Esquire, and the Father, Christopher D. McClure, with his counsel, J. Paul Helvy, Esquire. 3. The Mother filed this.Petition for primary physical custody of the Children. The Mother moved out of the marital residence with the Children in July, 2000. Pending the conciliation COnference, the Children have resided primarily with the Mother and the Father has had custody on alternating weekends from Friday through Monday and during one overnight period of custody eaah week. The Father indicated that he only agreed to the temporary custody arrangements in order to avoid constant conflicts between the parties in exGhanges of custody pending a resolution through the legal process. Both parties seek primary physical custody of the Children and it will be necessary to schedule a Hearing in this matter. 4. The Mother's position on custody is as follows: The Mother believes that it would be in the best interest of the Children to reside primarily with her as she has been the primary caretaker of the Children. The Mother indicated that a shared custody arrangement, which was discussed at length at the COnference, would be detrimental to the Children due to the lack of stability and the parties' inability to cooperate sufficiently to manage such an arrangement. The Mother stated that the Children do not want to spend additional time with the Father. The Mother believes the Father's current partial custody schedule including alternating weekends and one overnight per week has been working well for the Children. The Mother was willing to obtain a custody evaluation jointly with the Father in an effort to resolve the custody dispute. In light of the Father's 'L refusal to jointly obtain a custody evaluation, the Mother requested that the Father be required to submit himself to the evaluation at the Mother's sole cost. 5. The Father's position on custody is as follows: The Father believes that it would be in the best interest of the Children to primarily reside with him. The Father disputed the Mother's allegation that she has been the primary caretaker of the Children. The Father believes that he has actively taken part in the Children's lives and has been their caretaker as well. Although the Father was willing to consider a shared week on/week off custody arrangement, the Father indicated his preference for a primary custody arrangement. The Father stated that the Children have expressed a preference to remain in the marital residence where the Father has continued to reside. The Father was not willing to obtain a joint custody evaluation although he agreed to cooperate if the Mother requested an evaluation at her sole cost. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing in this matter and providing temporary custody arrangements pending the Hearing. At the Conference, the Father requested that the parties alternate custody on a weekly basis pending the Hearing and the Mother proposed that she have primary custody with the Father continuing to have alternating periOds of weekend custody from Friday through Sunday and one overnight per week. It is expected that the Hearing will require one full day. Il$AlA Date ,3 ;JtYJO I a~~ Dawn S. Sunday, Esquire Custody Conciliator DEe '11 2000 LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE , 410 NORTH SECOND STREET P.O. BOX 1062 I. EMANUEL MEYERS (191S-1970) BRUCE O. DESFOR LAURIE A. SALTZG1VEA CATHERINE A. BOYLE HARRISBURG, PA. 17108 (717) 236-9428 FAX(717) 236-2817 WEBSITE www.meyersdesfor.com EMAIL lsaltzgjver@meyersdesfor.com cboyle@meyersdesfor.com December 8, 2000 VIA FEDERAL EXPRESS The Honorable Edward Guido CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 RE: Lorie A. McClure v. Christopher D. McClure No. 00 2568 Dear Judge Guido: As an addendum to my previously filed Pre-Trial Memorandum, enclosed please find a copy of Dr. Stanley Schneider's custody evaluation in the above-captioned action. I intend to use this report as an exhibit when Dr. Schneider testifies at the custody hearing on Wednesday, December 13, 2000. Thank you for your attention. \ s~n~er~y, ~1~ r LAS/elk Enclosure cc: Lorie McClure J. Paul Helvy, Esquire (U.S. Mail) (;J.GUIDANCE .. ASSOCIATES ..... OF .. ... -."PENNSYLVANIA t MAIN OFFICE 412 Erford Road Camp Hill, PA 17011 Stanley E. Schneider, Ed.D. Director Camp Hill: (717) 732.2917 Hershey: (717) 533.4312 Carlisle: (717) 245.2289 Chambersburg: (717) 263-9392 FAX: (717) 732.5375 December 7, 2000 Laurie A. Saltzgiver, Esquire 410 North 2nd Street P.O. Box 1062 Harrisburg, PA 17108 RE: McClure V McClure Dear Ms. Saltzgiver: I am sending you a synopsis of my findings and observations in this matter. Consistent in my approach in custody evaluations, I interviewed the parties. I met with Lorie, her significant other Bob, and Christopher, father. In addition, I administered custody-related instruments. These included Life History Questionnaires, Parent-Self Report Data Forms, Shapiro Questionnaires and personality inventories to all the adults (MMPI-2). I also observed the interaction between the parents and both children, Brittney and Christian. The children are at an age where there should be no more than three (3) or maximum four (4) days before they have contact with the non custodial parent. Brittney could tolerate more separation from the non-custodial parent than Christian given that she is eight and Christian is four. The current schedule provides contact for the children with their parents in a fairly equal way. Christopher indicated to me he wants the children "to see their mom" but would like the children "half the time.... I want to be fair". From the children's perspective, I believe the current schedule provides for their needs. Underlying Christopher's motivation is a lack of trust of Lorie. He noted not wanting the separation, worked to the best of his abilities to keep the entire family intact and related his experience that he does not trust Lorie to keep her word. He also may believe that Lorie and Bob plan to relocate which motivated him further to insure his continuing, regular and frequent contact with children. This is his main desire. Christopher continues to struggle with what happened to the marriage with Lorie although does ~Comprehensive Psychological Services . Drug and Alcohol Treatment~ t McClure v McClure Page 2 "own" that some of his decision-making in the mid to late nineties may have contributed to distancing between him and Lorie.He believes that Lorie became depressed because of his absence from home which burdened her further regarding parenting/caretaking of the children. As noted, Christopher wants equal time. The current schedule approximates this. One of the options that Lorie might consider in an effort to resolve the situation is to allow him to be with the children on Monday's (when there is no school) as well as teacher in- service days. This would address Christopher's desire to have what he refers to as equal time. Christopher indicated that he wants to do "the best thing for my kids". As I indicated earlier, my understanding of the current schedule does fit the children's needs but may not fully meet Christopher's needs. Finally, it's my understanding that Lorie is content with the current schedule. On a positive note, I understand that both Christopher and Lorie attended a PTO meeting on the same night and spoke with the teacher at the same point in time. Christopher would like to reduce the use of day care and indicated that his schedule allows flexibility so that he could be with the children. An additional positive is his sharing with me during our second meeting session (10/4/00) that "she (Lorie) does communicate" with Chris. Christopher recognizes that Brittney is doing well in school and wishes to do nothing to upset the achievement that she's experiencing. He is concerned about future loss of contact and time. Essentially, Christopher wants assurance that his relationship with the kids will be preserved. He does not want to lose any more time and stated he thought "she's trying to put me out of business" as a parent. Christopher is more relaxed concerning Bob's interaction with the children. Basically, Christopher wants his rights to be legally protected and his contact with the children preserved should Lorie make changes in her life. There is nothing in Christopher's personality profile to suggest any emotional problems or personality disorders. His response content reflected feelings of isolation, a lack of sense of belonging and that others are blamed for problems. His profile was valid and he has sufficient personal and emotional resources to deal with the stresses, demands and responsibilities of parenting. Christopher made references to Lorie's possibly being depressed and her receiving therapy. I contacted Lorie's former counselor who indicated seeing Lorie in the January (2000) through March time frame. There was also a joint session with the therapist, Lorie and Christopher. Lorie was diagnosed with depression and was on an anti- depressant which helped her. The therapist indicated that Lorie had pretty much already decided to leave Christopher before she sought treatment. There was nothing noted by therapist to reflect that Lorie has any continuing issues with anxiety or depression. There is no evidence of her being depressed currently. 'I I i I I McClure v McClure Page 3 Lorie was seen on two occasions individually. She was in no apparent distress. She was open, volunteered information freely and seemed content in her current relationship with the children and Bob. She talked about feeling somewhat abandoned by Christopher regarding parenting. To her benefit, Lorie stated that she "wants him (Christopher) involved their (children) lives". Lorie mentioned Christopher having a short temper but noted no evidence of same since separation. She had no concerns about Christopher's relationship of the children. Initially, she indicated that she does not want the kids "tossed back and forth" wanting more consistency and stability. However, in my last contact with her on November 18, 2000 she indicated that she is O.K. with the status quo. I had noted that both kids are doing well. Lorie also identified some positive signs. An additional piece of evidence that perhaps she and Christopher can cooperate is noted in their both agreeing to a change in the court order of August 2000 which better fit their schedules. Lorie noted that she and Christopher do communicate if the children are ill or have special needs. She related that they can "talk better by e-mail". With the passage of time, she notes that Brittneyin particular, is more relaxed in spending time with her father. Lorie's personality inventory was typical of parents going through custody evaluations in that she presented herself in a favorable light. Good moral values appear present. She did endorse socially approved answers. Some rigidity is indicated and she may have some difficulty expressing her feelings and emotions in a modulated fashion under certain stressful situations. She answered questions in a way depicts social confidence and denies influence by others. This reflects growth on her part since leaving the marriage. There is nothing in Lorie's background information, interview data or test findings to indicate she cannot appropriately, maturely and effectively parent the children. Parent child observations were held with the children and their father as well as between the children, Lorie and Bob. Christopher's interaction with the children was imaginative, low-keyed, relaxed. They looked like they're use to doing things together. They related with and to each other easily. Christian tended to lose interest during a teaching activity but Christopher was successful in re-engaging him. Brittney is the more cooperative child; Christian can be more demanding. As noted however, Christopher was successful getting him involved. Christian has more separation issues versus his older sister. Christian's family drawing included his father first and Brittney second. Christian presented as a well dressed, well nourished, clean, pleasant youngster who related easily, talked openly and was relaxed - reflecting that he is receiving appropriate parenting. When asked who gives him the most hugs, he identified his father as well as identifying him as the parent who loves him the most. When asked who else loves him, he quickly identified his mommy and then Brittney. If he had a scary dream he'd like his father to be with him. He related that both parents will take him for a hair cut. He believe that both mommy and ;iL ,. Ii : i' I' , McClure v McClure Page 4 daddy can take care of him the best. In sum, it is noted that both are very comfortable being with their father. There was cooperativeness and light-hearted giggling noted. Review of Christian's rating form from Kidz Quarterz completed October 5, 2000 suggest that he has acquired practical skills consistent with his age and stage in life. Further, there were no concerns about his social and emotional status, his listening skills, speaking skills, reading skills or work habits. There may be some on going separation anxiety observed at times. When Christian was seen with his mother, he drew an additional family picture drawing his father first, his mother second, Brittney third and himself last. All the family members had smiley faces and he indicated that the activity had to do with tickling one another. He related that he enjoys playing with both parents and did relate that daddy is the one may yell the most and may get mad as well. Once again, he identified daddy and mommy as giving the most hugs, tucking him in bed and reading him a story. " I I I I I The findings reflect that Christian is bonded and relaxed with both parents. He did not include Bob during my contacts. Brittney presented as a beautiful, pleasant, bright, well dressed, socially comfortable, open eight year old. She continues to question why her parents are not living together. She related that mom "always cried" while she and her father were living together and indicated that "she doesn't cry any more" since separation. Brittney did not identify her dad yelling at her. When seen with her father, Brittney's wishes were for her parents to reconcile and also indicated that sometimes it's "hard going back and forth". Her second wish is to go to Disney World. She would like to go with her father, mother, brother, Will (Bob's son), and Bob. Her third wish is for a big sister. Brittney did not identify anything about the current schedule she would like to change. She also indicated that neither parent says anything negative about the other one. She stated that they "talk when I get dropped off'. She completed a 'feeling' chart circling the happy face. Results of the parent report cards completed on that occasion with her father reflected her awarding all A's with some B's to all of the (three adults). Brittney was seen on October 21, 2000 with her father. She mentioned something about mom moving. I suggested to Christopher that he contact Lorie directly to identify if same was occurring. Christopher left me a telephone message indicating he did speak with Lorie, who has no idea where that statement originated from. Review of Brittney's report cards do not reveal any concerns about her behavior, adjustment, or performance. She is noted to be "a sweet and cooperative child". She ~, McClure v McClure Page 5 is identified as well liked by her peers and as a youngster who likes school. All of Brittney's approaches to learning were noted to being successful with no need for improvement. The only approach to learning noted in the first marking period of her current second grade, was her showing improvement in following directions. Consistent with last year's report card, she is noted to be performing successfully socially, emotionally, and academically. When the children were seen with their mother and Bob, all four were relaxed. Brittney took the lead quizzing both adults. It was noted to be easy going, highly interactive time. Asked to plot a map route, all four initially huddled over the map and Bob was very effective in engaging the children. Once again, Christian becomes easily distracted. Both Lorie and Bob were successful in re-directing Christian. Both kids were noted to be well dressed, relate to each other and adults easily, were clean, cooperative. It was an effective, positive interaction characterized by high energy, imaginative play and mutual respect and cooperation. Brittney completed a sentence completion test when brought in by her mother. She identifies both parents as giving her hugs and kisses, both of them yelling at her and both believing that she is a "special" child. There was nothing of concern noted in her sentence completion test. Some evidence of sibling rivalry may be emerging. The only thing she would change in her mother's home is permission to stay up late. She would like to get a new bed in her father's home. The only thing she would change about her mother is that she would like her mother to have "hair like me so I won't be the only one with blonde hair and write with my left hand". She said the same thing about her father. There is nothing noted by either child to suggest that there are any difficulties, problems, issues or concerns about their relationship with either parent. Neither child seems to have any untoward effects resulting from the parental separation. Bob indicates that he would help Lorie make dinner and he is with Lorie "most of the time on an average week". He has a visitation situation resulting in his traveling to Bedford to retrieve his son. This causes him to understand Christopher's need as a father and is respectful of Christopher's need to be involved. There is nothing in Bob's background to suggest that he had any adjustment problems as a youngster, adolescent or adult. I explored the demise of his marriage. Emotionally, it was somewhat vacant. The only step-parenting pressure Bob identified was occasional non-compliance, usually by Christian. He indicated that he hopes that his relationship with Christopher will be respectful and civil. ~" ,"',l . McClure v McClure Page 6 Bob's personality profile reflected his being somewhat defensive. However, relative effectiveness in everyday functioning is suggested. His behavior is consistent with people who are described as perfectionistic, who tend to be conscientious, punctual, organized and reliable. He may have some difficulty expressing his feelings and emotions - similar to Lorie. His validity scales reflected his denying many things, including common human frailties suggesting that he wants to present himself in a favorable light. However, there is no collaborating information or evidence that suggest that he would have any difficulties handling the demands, stresses and responsibilities of step-parenting. i. i' Ii; L , II. I; it i~ In sum, it's my sense that Lorie and Christopher are close to agreement. As noted, Christopher wants assurance in writing (court order) which protects and preserves his right as a father. He also would like additional time getting close to a 50/50 arrangement. This could be accomplished by allowing him to be with the children at times during each month when they have off from school - given that he has a flexible work schedule. From the children's perspective, the current schedule is working. ,~ The parents can alternate holidays without difficulty. Regarding a summer schedule, it is my understanding that the parents work schedule will remain throughout a twelve (12) month period. Further, I believe that both parents intend to use day care or a similar arrangement through the summer period. I am therefore recommending that the current winter schedule continue through the summer with both parents enjoying vacation time. Christopher has up to five (5) weeks vacation time per year. He indicated an intent to utilize two (2) possibly three (3) weeks for vacation during the summer months. In that regard, I am recommending the children be with him one (1) week each month during the summer whether or not he uses it for vacation. If Chris has additional time off work, I recommend he spend time during the day in the summer while Lorie is working. During his weeks, assuming he is in this area geographically, I recommend the children have open telephone access to Lorie (as they should throughout the entire year with the non-custodial parent) and the opposite also be true when the children enjoy their time with Lorie. ,~ I i I I I , , I Ie Kindly contact me if you wish any further elaboration or clarification. Respectfully, ~ I [~dw; &Ib~ Rf-E Stanley E. Schneider, EdD., R.C.E. Psychologist Registered Custody Evaluator SES:sm .-",,,-,' h _< 0., ,.,,-' ~ - ,-, 1- -,-, '" - ,-- '~ ':,~;:_~--'-, '-, ,-" -"~ -:----:1?' . '",,'r.' -, "'. ~';':."',-.-~,; -~- - . -'--'<~i .. , .. LORIE A. MCCLURE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00 2568 CHRISTOPHER D. MCCLURE, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PRACEIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please withdraw the appearance of Wix, Wenger & Weidner as attorneys for the Plaintiff in the above-captioned matter. I ra I ,Esquire i ~1torney I.D 5 3 . >/508 North Second Street ! " 1..-/ P.O. Box 845 Harrisburg, PA 17108-0845 PRAECIPE TO ENTER APPEARANCE Please enter the appearance on behalf of the Plaintiff in the above- captioned matter. MEYERS, DESFOR, SAL TZGIVER & BOYLE BY: Laurie A. Sa t giv r, Esquire Attorney I.D. # 613 2 410 North Second Street P. O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 ~.~ ~ .~ -"";h',, . r , - .. ,> LORlE A. McCLURE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000-2568 CHRISTOPHER D. McCLURE, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY FATHER'S (DEFENDANT'S) CUSTODY MEMORANDUM I. BACKGROUND INFORMATION AND FACTS. The parties were married on May 16, 1987. During the course of the marriage, they had two children, Brittany A. McClure, born on November 1, 1992, and Christian A. McClure, born on June 23, 1996. The parties separated on July 8, 2000, when Mother moved out of the marital residence. Father continues to reside in the marital residence which is the only home the children have ever known. Father firmly believes that he should be the primary custodian of the children. During the course of the hearing in this matter, Father will present testimony to the effect that Mother engaged in a course of conduct which was consistent with meeting her own needs and desires, but which was not consistent with the best interests of the children. This behavior culminated in Mother moving out of the marital residence and almost ,,-, - '........iili-, . . - . , immediately jumping into a relationship with a man who frequently spends the night at her new apartment. Mother has attempted to gain an advantage in these custody proceedings by taking the children from the marital residence when she left against Father's will. By uprooting the children from their home, Mother gained a procedural advantage at the custody conciliation conference. Because it is the practice of the custody conciliators to maintain the "status quo," Mother has been granted primary custody of the children since the entry of this Court's Order of August 10,2000. Father believes that it is in the children's best interests that he be granted primary custody because he has always been very actively involved in the children's lives and, contrary to Mother, has always placed the children's needs before his own. Father has a very warm and loving relationship with the children and would be able to provide them with the stability which they need during this important time in their lives. Father believes that the children will benefit by maintaining a close relationship with their Mother. Towards this end, Father would like a Court Order entered granting Mother joint legal custody which would include every other weekend, some time during the week, summer vacation time and alternating holidays. 2 -,I:i , - . " II. WITNESSES. 1. Christopher D. McClure, Father. 2. Judy and/or Kevin Dolan. The Dolans are the neighbors of the parties and are also the godparents of the children. The Dolans know both parties very well and have had quite a bit of interaction with the parties and their children. 3. Denise Williamson. Ms. Williamson is a neighbor and has had quite a bit of interaction with the parties and the children. She will testifY regarding her observations of the parties' parenting skills. 4. Allan McClure, paternal grandfather, and Jackie McClure, paternal grandfather's wife. They have seen both parties interact with the children and will testifY regarding that interaction. 5. Doris McClure, paternal grandmother. Ms. McClure has seen both parties interact with the children and will testifY regarding that interaction. Respectfully submitted, Dated: December 5, 2000 . Pa Helvy, Esquir Arney 1. D. #53 8 'lIian & Gepha , LLP 218 Pine Street, P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorneys for Christopher D. McClure 3 ....,--. - ~~" r . ~ CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within document upon the following, via hand-delivery, addressed as follows: Laurie A. Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, P A 17108-1062 '-9~ ' \.WJ-O Peggy Hi~retary to 1. Paul He1vy, Esquire Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 (717) 232-1851 Dated: December 5, 2000 , ~. . ".. "~_~. _ i "' ~'-fl."'"'lii!&A . ... " ... LORIE A. McCLURE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000-2568 CHRISTOPHER D. McCLURE, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY FATHER'S (DEFENDANT'S) CUSTODY MEMORANDUM I. BACKGROUND INFORMATION AND FACTS. The parties were married on May 16, 1987. During the course of the marriage, they had two children, Brittany A. McClure, born on November 1, 1992, and Christian A. McClure, born on June 23,1996. The parties separated on July 8, 2000, when Mother moved out ofthe marital residence. Father continues to reside in the marital residence which is the only home the children have ever known. Father fIrmly believes that he should be the primary custodian of the children. During the course of the hearing in this matter, Father will present testimony to the effect that Mother engaged in a course of conduct which was consistent with meeting her own needs and desires, but which was not consistent with the best interests of the children. This behavior culminated in Mother moving out of the marital residence and almost -~ ,-.- ~ ~t,' - " .... immediately jumping into a relationship with a man who frequently spends the night at her new apartment. Mother has attempted to gain an advantage in these custody proceedings by taking the children from the marital residence when she left against Father's will. By uprooting the children from their home, Mother gained a procedural advantage at the custody conciliation conference. Because it is the practice of the custody conciliators to maintain the "status quo," Mother has been granted primary custody of the children since the entry of this Court's Order of August 10,2000. Father believes that it is in the children's best interests that he be granted primary custody because he has always been very actively involved in the children's lives and, contrary to Mother, has always placed the children's needs before his own. Father has a very warm and loving relationship with the children and would be able to provide them with the stability which they need during this important time in their lives. Father believes that the children will benefit by maintaining a close relationship with their Mother. Towards this end, Father would like a Court Order entered granting Mother joint legal custody which would include every other weekend, some time during the week, summer vacation time and alternating holidays. 2 "-~ - '~ji ..: '" II. WITNESSES. 1. Christopher D. McClure, Father. 2. Judy and/or Kevin Dolan. The Dolans are the neighbors of the parties and are also the godparents of the children. The Dolans know both parties very well and have had quite a bit of interaction with the parties and their children. 3. Denise Williamson. Ms. Williamson is a neighbor and has had quite a bit of interaction with the parties and the children. She will testify regarding her observations of the parties' parenting skills. 4. Allan McClure, paternal grandfather, and Jackie McClure, paternal grandfather's wife. They have seen both parties interact with the children and will testify regarding that interaction. 5. Doris McClure, paternal grandmother. Ms. McClure has seen both parties interact with the children and will testify regarding that interaction. Respectfully submitted, Dated: December 5, 2000 3 . - j _" I ~........~~ '<dtIl~:-.c~ . . CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within document upon the following, via hand-delivery, addressed as follows: Laurie A. Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108-1062 '-9~~ \W}o Peggy Hile, tary to J. Paul Helvy, Esquire Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: December 5, 2000 . .. - \ LORIE ANN MCCLURE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 00 2568 CHRISTOPHER MCCLURE, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PLAINTIFF/MOTHER'S MEMORANDUM IN CUSTODY I. BACKGROUND INFORMATION/MOTHER'S POSITION ON CUSTODY The parties were married on May 16, 1987. They are the parents of two minor children, namely Brittany A. McClure, date of birth November 1, 1992 and Christian A. McClure, date of birth June 23, 1996. Plaintiff herein, Lorie A. McClure, (hereinafter "Mother") filed a Complaint in Divorce and Custody on or about April 25, 2000. Mother vacated the marital residence with the children on July 8, 2000. Thereafter, the parties agreed that Mother would continue to have primary physical custody and Father would have partial physical custody on alternating weekends from Friday evening until Sunday evening and one. overnight during the week from Tuesday after school until Wednesday evening at 8:00 p.m. The parties attended a custody conciliation conference on August 2, 2000. At that time, Defendant/Father expressed his intention to request primary physical custody of the children. The conciliator recommended that Father's weekends be extended to Monday morning, when Father could take the children to school. The parties have been abiding by the alternating weekend schedule from Friday until Monday morning and one I il MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17106 . (717) 236.9426 . FAX (717) 236.2817 .. ,I." Ii I.:' I , I I' I. l'j: I, !, ~ I> I;: ~'. , :1 I' Ilr, ,:; f" ~i !:~: ",- ;,!. i'~ I: i(- .:: .' i[ II 1\ I, . Ii " :~ . -" ~- ,~ ~ ., ~- ~ ~~ "'~".' ,-", ~'u,,'~'< "". "Co<~-~_''''~',_~., "]i \ overnight per week since that time. The parties' daughter, Brittany, commented after a weekend with her Father, that she did not want to return to her Father so soon (on Tuesday night) Accordingly, the parties modified the custody schedule and on the weeks following the Father's weekend, Father has the children overnight from Wednesday until Thursday instead of from Tuesday until Wednesday. Mother's position regarding custody is that the present Order and custody schedule should continue as is. The Order provides Father with substantial and frequent contact with the children, yet still provides the children with a home base which Mother believes is necessary for the children's health and welfare. On a recent occasion when Father was to have an additional overnight with the children, Father contacted Mother and advised her to pick the children up because they were missing her and were "ready to come home." There is also an issue as to which party acted as the children's primary caregiver during the marriage. Mother maintains that she has always been the children's primary caregiver and as a matter-of-fact, Mother was employed on a part-time basis for a period of time during the marriage so she could care for the children. Additionally, Mother has arranged her work schedule so that she may pick the children up from daycare each day, stay at home with the children when they are sick, take them to the doctor, and participate in their activities. MEYERS, DESFOR, SALTZGIVER & SOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236-9428 . FAX (717) 236-2817 " " , . ~ -~ ' <-- <'''''-~- ~-j , . II . WITNESSES 1. The Plaintiff/Mother, Lorie A. McClure. 2. Dr. Stanley Schneider, Ed.D. Dr. Schneider has not yet provided his custody evaluation. 3. Mary and Pat Smiel, the children's maternal grandparents. They will testify regarding their observations of the parties and their interactions with the children. 4. Robert Maschmeyer. He will testify regarding his observations of the mother's interaction with the children, as well as the children's activities and the custody exchanges. 5. Joanne Fry, friend and co-worker of Mother. She will testify regarding her observations of the children and of the parents interactions with the children. 6. Eileen Stough, friend and co-worker of Mother. She will testify regarding her observations of the mother and her interactions with the children. Respectfully s bmitted, (' I I i I I I I I ! Ii r I' Ii Laurie A. Sa tz MEYERS, DESFOR, & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff/Mother II MEYERS, DESFOR, SALTZGtVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 . (717) 236.9428 . FAX (717) 236.2817 .' __, . ~ ,- ,-,-, '.'_ ~N"~~ ~~ ,." -~.,,~-~"'~~' ~-, ,~~,,~,-~~-,",,--"~,-j-,,'-. '<; . . LORIE ANN MCCLURE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 00 2568 CHRISTOPHER MCCLURE, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CERTIFICATE OF I sf I hereby certify on this SERVICE day of L-~ , 2000, that a copy of the foregoing Plaintiff/Mother's Memorandum in Custody was mailed, first-class, postage pre-paid to: J. Paul Helvy, Esquire KILLIAN & GEPHART 218 pine Street Harrisburg, PA 17101 \ ' .. .)"".1.1--- "..r\ \. \\ ~ ~ \;.0J~~ 1 . ) ,\.~Jp't\\;\J \ Laurie A. Saltzgiver, ~~uire Attorney for Plaintiff I II I I II II " , II MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORlH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236.9428 . FAX (717) 236-28'7 ... ' <~. "~""'...J. '., ._,,"0 -'L.' '." '" "'" , ,,,,,',,,,-, "-'_ ~_"." _ ,,_ j, __ . 'i LAW OFFICES (!A, MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 I. EMANUEL MEYERS (1915-1970) BRUCE D. DESFOR LAURIE A. SALTZGIVER CATHERINE A. BOYLE HARRISBURG, PA. 17108 (717) 236-9428 FAX (717) 236-2617 WEBSITE www.meyersdesfor.com EMAIL IsaltzgiverOmeyersdesfor.com cboyle@meyersdesfor.com December 1, 2000 VIA FEDERAL EXPRESS Curtis R. Long Prothonotary CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 RE: Lorie A. McClure v. Christopher D. McClure No. 00 2568 Dear Mr. Long: Enclosed please find an original and copies of Plaintiff/Mother's Memorandum in Custody. Please forward a copy of this Memorandum to Judge Guido once it has been filed and return the remaining time-stamped copies to our office in the enclosed self-addressed stamped envelopes. Thank you for your assistance in this matter. Very truly yours, ~jI~ Christina L. Keirn Secretary Meyers, Desfor, Saltzgiver & Boyle clk Enclosures cc: Lorie McClure Paul Helvy, Esquire r , . > ~ ~ "~--'t ,# LORIE ANN MCCLURE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 00 2568 CHRISTOPHER MCCLuRE, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PLAINTIFF/MOTHER'S MEMORANDUM IN CUSTODY I. BACKGROUND INFORMATION/MOTHER'S POSITION ON CUSTODY The parties were married on May 16, 1987. They are the parents of two minor children, namely Brittany A. McClure, date of birth November 1, 1992 and Christian A. McClure, date of birth June 23, 1996. Plaintiff herein, Lorie A. McClure, (hereinafter "Mother") filed a Complaint in Divorce and Custody on or about April 25, 2000. Mother vacated the marital residence with the children on July 8, 2000. Thereafter, the parties agreed that Mother would continue to have primary physical custody and Father would have partial physical custody on alternating weekends from Friday evening until Sunday evening and one overnight during the week from Tuesday after school until Wednesday evening at 8:00 p.m. The parties attended a custody conciliation conference on August 2, 2000. At that time, Defendant/Father expressed his intention to request primary physical custody of the children. The conciliator recommended that Father's weekends be extended to Monday morning, when Father could take the children to school. The parties have been abiding by the alternating weekend schedule from Friday until Monday morning and one I 11 ,I I il II MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 . (717) 236-942R . FAX (717\ ?~fi.?R17 , ._. '0' , -",., """:i; ,. , . . overnight per week since that time. The parties' daughter, Brittany, commented after a weekend with her Father, that she did not want to return to her Father so soon (on Tuesday night) Accordingly, the parties modified the custody schedule and on the weeks following the Father's weekend, Father has the children overnight from Wednesday until Thursday instead of from Tuesday until Wednesday. Mother's position regarding custody is that the present Order and custody schedule should continue as is. The Order provides Father with substantial and frequent contact with the children, yet still provides the children with a home base which Mother believes is necessary for the children's health and welfare. On a recent occasion when Father was to have an additional overnight with the children, Father contacted Mother and advised her to pick the children up because they were missing her and were "ready to come home." There is also an issue as to which party acted as the children's primary caregiver during the marriage. Mother maintains that she has always been the children's primary caregiver and as a matter-of-fact, Mother was employed on a part-time basis for a period of time during the marriage so she could care for the children. Additionally, Mother has arranged her work schedule so that she may pick the children up from daycare each day, stay at home with the children when they are sick, take them to the doctor, and participate in their activities. MEYERS, DESFOR, SALTZGIYER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 f717\ ?::l.F\.Q.d?R . 1=4)( (717\ ?~.?J:l;17 ~~ r , , "~>'< ~, ~ II . WITNESSES 1. The Plaintiff/Mother, Lorie A. McClure. 2. Dr. Stanley Schneider, Ed.D. Dr. Schneider has not yet provided his custody evaluation. 3. Mary and Pat Smiel, the children's maternal grandparents. They will testify regarding their observations of the parties and their interactions with the children. 4. Robert Maschmeyer. He will testify regarding his observations of the mother's interaction with the children, as well as the children's activities and the custody exchanges. 5. Joanne Fry, friend and co-worker of Mother. She will testify regarding her observations of the children and of the parents interactions with the children. 6. Eileen Stough, friend and co-worker of Mother. She will testify regarding her observations of the mother and her interactions with the children. Respectfully s bmitted, ~ Laurie A. Sa tz MEYERS, DESFOR, & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff/Mother I II I ~ II II MEYERS, DESFDR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236-9428 . FAX (17) 236-28i7 t ... I' r I LORIE ANN MCCLURE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 00 2568 CHRISTOPHER MCCLURE, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CERTIFICATE OF / :5f I hereby certify on this SERVICE day of L~~ , 2000, that a copy of the foregoing Plaintiff/Mother's Memorandum in Custody was mailed, first-class, postage pre-paid to: J. Paul Helvy, Esquire KILLIAN & GEPHART 218 pine Street Harrisbur.g, .PA 17101 A ' ~ 1- ->>~:t____ """--\' 1..~ I' \ \. ~ i, , . '>l);! '{J\~\.l \~~ . / '~rV"-V~ ' Laurie A. Saltzgiver, ~Juire Attorney for Plaintiff ,I 'I Iii MEYERS, DES FOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 1710B 1717\ :>::U'l.!:I.d?A . I=A)( 1717\ ?~.?A17 .. . -. ._..~.~ : ~ LORIE A. MCCLURE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER D. McCLURE, Defendant CIV~L ACTION - LAW NO. 00-2568 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 13th day of December, 2000, after hearing, it is hereby ordered and directed as follows: 1. The parties shall have joint legal custody of their children, Brittney McClure, born November 1, 1992, and Christian McClure, born June 23rd, 1996. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children as follows: A. On alternating weekends from Friday after school until Monday before school. B. On the week following his weekend visitation, on Wednesday after school until Thursday at 8:00 p.m. C. On the week before his weekend visitation on Tuesday after school until Thursday at 8:00 p.m. D. An additional week in June, July, and ,'- . , ,_I ~ - r ,~' - ~ , 'j. , j ."" August each summer. Provided, however, that father shall give mother the dates he intends to exercise said visitation not later than May 1st of each year. E. On holidays as the parties may agree. F. Such other times as the parties may agree. This Court shall retain jurisdiction. Edward E. Guido, J. JJ Lop.l'ID -fYl . / J..-I'I-{)0 RX3 Laurie A. Saltzgiver, Esquire For the Plaintiff J. paul Helvy, Esquire For the Defendant :lfh ..'i.Il<.....~ ""'""-t~.lIlIIIl\Iiji~"''"-._..i~~I~!IIU&'''~~~~iil'-=- " ,.",,,,..... "" \. IiINVti/,l,SNN3d iUNnOO ON'1"i1j38(r'\JnO ;'S '0' If}' v. . I li~if ~ " I,,; J:j(i nr)' .... ~L.__. ) i:J\ilO\j'-' , \ . 33fIi:i~~:.';i~~i-"/! :i(} ." ., I, ~~ , "' _I ,