HomeMy WebLinkAbout99-04925 (2)
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IN THE COURT OF COMMON PLEAS
OFCUMBERLAND COUNTY
STATE OF PENNA.
!} tl
HOLLY J. McKEAN
N O. 99-4925
VERSUS
ROBERT C. McKEAN
ORIGINAL
M5k4
DECREE IN
DIVORCE
AND NOW, C?D T 35-4-Al-
IT IS ORDERED AND
DECREED THAT Holly J. McKean
PLAINTIFF,
AND Robert C. McKean
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, DEFENDANT,
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;
The terms of the parties! Marital Settlement Agreement darad .T„1., IR innv
and attached hereto are incorporated herein but not merged herewith.
BY THE
ATTEST: J
PROTHONOTARY
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this day of T 2002, by and between
Holly J. McKean (hereinafter "WIPE") and Robert C. McKean, (hereinafter "HUSBAND");
WITNESSETH:
WHEREAS, the parties hereto were married on October 11, 1986, in Enola,
Pennsylvania; and
WHEREAS, the parties have two minor children of this marriage, namely Erin McKean,
date of birth July 29,1989 and Daniel McKean, date of birth July 27,1991; and
WHEREAS, difficulties have arisen between the parties and it is therefore their
intention to live separate and apart for the rest of their lives and the parties are desirous of
settling completely the economic and other rights and obligations between each other,
induding, but not limited to: the equitable distribution of the marital property; past, present
and future support; alimony, alimony pendente lite; and, in general, any and all other claims
and possible claims by one against the other or against their respective estates; and
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be
kept and performed by each party and intending to be legally bound hereby, the parties do
hereby agree as follows:
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June25,2002
1. ADVICE OF COUNSEL.
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel. WIFE is represented by Debra Denison Cantor, Esquire
of Reager & Adler, PC. HUSBAND is represented by Timothy J. O'Connell, Esquire.
The parties further declare that each is executing the Agreement freely and voluntarily
having either obtained sufficient knowledge and disclosure of their respective legal rights and
obligations, or if counsel has not been consulted, expressly waiving the right to obtain such
knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not
the result of any fraud, coercion, duress, undue influence or collusion.
2. DIVORCE ACTION.
The parties acknowledge that their marriage is irretrievably broken and that they shall
secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce
action was filed by Holly J. McKean with the Court of Common Pleas of Cumberland County,
Pennsylvania at Civil Action No. 99-4925 on August 16, 1999. The parties agree to execute
Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a
Divorce Decree concurrently with the execution of this Agreement.
This Agreement shall remain in full force and effect after such time as a final decree in
divorce may be entered with respect to the parties. The parties agree that the terms of this
Agreement shall be incorporated into any Divorce Decree which may be entered with respect
to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with
the divorce decree, but shall continue to have independent contractual significance.
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3. DATE OF EXECUTION.
The "date of execution" and "execution date" of this Agreement shall be defined as the
date upon which it is executed by the parties if they have each executed the Agreement on the
same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be
defined as the date of execution by the party last executing this Agreement.
4. MUTUAL RELEASES.
Each party absolutely and unconditionally release the other and the estate of the other
from any and all rights and obligations which either may have for past, present, or future
obligations, arising out of the marital relationship or otherwise, including all rights and
benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described
herein.
Each party absolutely and unconditionally releases the other and his or her heirs,
executors, and estate from any claims arising by virtue of the marital relationship of the parties.
The above release shall be effective whether such claims arise by way of widow's or widower's
rights, family exemption, or under the intestate laws, or the right to take against the spouse's
will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights
of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other
country.
Except for any cause of action for divorce which either party may have or claim to have,
each party gives to the other by the execution of this Agreement an absolute and unconditional
release from all claims whatsoever, in law or in equity which either party now has against the
other,
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5. FINANCIAL AND PROCEDURAL DISCLOSURE.
The parties confirm that each has relied on the accuracy of the financial disclosure of
the other as an inducement to the execution of this Agreement. Each party understands that
he/she had the right to obtain from the other party a complete inventory or list of all property
that either or both parties owned at the time of separation or currently and that each party had
the right to have all such property valued by means of appraisals or otherwise. Both parties
understand that they have right to have a court hold hearings and make decisions on the
matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is
fair and equitable, and that the terms adequately provide for his or her interests, and that this
Agreement is not a result of fraud, duress or undue influence exercised by either party upon
the other or by any person or persons upon either party.
6. SEPARATION/NON-INTERFERENCE.
WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart.
They shall be free from any interference, direct or indirect, by the other in all respects as fully
as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on
and engage in any business, occupation, profession or employment which to him or her may
seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the
respective families of each other.
REAL PROPERTY.
The parties were owners by tenants by the entirety of real estate located at 34 Wobume
Abbey Avenue, Camp Hill, Cumberland County, Pennsylvania. The parties' sold the property
and all proceeds were placed into an escrow account held in joint names. The present balance
of this escrow account is approximately $46,500.00. It is agreed that WIFE shall receive
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June 25, 2002
$30,000,00 of these house proceeds and HUSBAND shall receive the remaining balance. The
account shall be liquidated within ten (10) days of the execution of this Marital Settlement
Agreement pursuant to these terms.
WIFE paid the sum total of $2,369.00 in preparation costs to sell the home. HUSBAND
shall pay to WIFE one-half (1 /2) of such payments at the time of distribution of this account.
8. DEBT.
WIFE is the obligor on a PNC credit card account # 4270041711010131 with a balance
of $5,755.00. HUSBAND is the obligor on a PNC credit card bank account # 4270041711010123
with a balance of $4,368.00. The parties agree that WIFE shall be responsible for and hold
HUSBAND harmless from any debt to or claim by Jean Shelheimer.
9. VEHICLES.
WIFE shall retain sole and exclusive possession of the 1999 Chevrolet Malibu.
HUSBAND agrees to waive any right, title and interest he may have to said vehicle. The
parties shall transfer Certificates of Title and any and all other documentation necessary within
fourteen (14) days of the execution of this Agreement, or within ten (10) days of request by
other party.
10. LIFE INSURANCE.
WIFE is the owner of a whole life policy with Jefferson Pilot Life with an approximate
value of $1,600.00. WIFE is the owner of State Farm Life Insurance policy with a value of
$1,624.00 and a separate State Farm Life Insurance policy with a cash value of $856.00.
HUSBAND is the owner of life insurance policy # LF-0771-1050 with a present cash value of
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$1,296.75 and a life insurance policy, policy # LF-1036-1772 with a present cash value of
$7,727.32. WIFE shall retain the two State Farm Life Insurance polices as well as the Jefferson
Pilot Life Insurance policy and HUSBAND waives any right, title and interest that he may have
in said policies. HUSBAND shall retain his life insurance policies and WIFE hereby waives any
right, title and interest she may have into said policies. After the execution date of this
Agreement, each party may designate any beneficiary to receive the proceeds of any life
insurance policies currently in effect.
11. BANK ACCOUNTS.
The parties have divided all bank accounts based on the Agreement of the parties. Each
party shall retain any accounts currently in their individual name and each party hereby
waives any right, title and interest they may have of the other's accounts.
12. INVESTMENTS.
HUSBAND is the owner of five (5) shares of Disney stock. HUSBAND is the owner of
eight (8) shares of Hershey Food stock. HUSBAND shall retain said stock and WIFE agrees
to waive any right, title and interest she may have to said shares.
WIFE is the owner of a Lincoln Group Annuity (account #891450) (182-40-9408) with
a 12/31/01 value of $42,226.00. WIFE is also the owner of a Fidelity Savings 401(k) plan with
a date of separation value of $19,401.00. HUSBAND is the owner of an American Express IRA
account # 00000931049720937004 with a value as of 12/31/01 of $34,671.30. HUSBAND is the
owner of a Purchase Pension Plan, account # 984200402 with a 12/31/01 value of 25,602.21.
HUSBAND is also the owner of a Profit Sharing Plan, account # 9894200347 with a 12/31/01
account balance of 26,492.11. The parties agree that noncontributory accounts shall be valued
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as of 12/31/01. WIFE's Fidelity Savings shall be valued as of date of separation. HUSBAND
hereby agrees to waive any right, title and interesthe may have to WIFE's retirement accounts.
WIFE hereby agrees to waive any right, title and interest she may have in the Vanguard
Retirement accounts. Within thirty (30) days of the execution of the Marital Settlement
Agreement HUSBAND shall transfer $15,000.00 of the American Express account to a separate
account established by WIFE. HUSBAND agrees to provide all documentation necessary to
effectuate said transfer. If HUSBAND fails to cooperate and the transfer takes an excess of
sixty (60) days, HUSBAND agrees to be assessed interest at 6% on the balance owed to WIFE.
Said interest shall be determined at the time of the rollover, and shall be paid in cash to WIFE
by HUSBAND within fifteen (15) days of the transfer.
13. HOUSEHOLD GOODS AND FURNISHINGS.
All property currently in the possession of WIFE shall become the sole property of WIFE
without claim or offset by HUSBAND. All property currently in possession of HUSBAND
shall become the sole property of HUSBAND without any claim or offset by WIFE. WIFE
agrees to return to HUSBAND the flag draped on the coffin of HUSBAND's uncle, George
Aten if she is able to locate it.
14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS.
In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be performed by that
party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor
spouse hereby waives, releases and relinquishes any right to claim any exemption (whether
granted under State or Federal law) to any property remaining in the debtor as a defense to
any claim made pursuant hereto by the creditor-spouse as set forth herein, including all
attorney fees and costs incurred in the enforcement of this paragraph or any other provision
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of this Agreement. No obligation created by this Agreement shall be discharged or
dischargeable, regardless of Federal or State law to the contrary, and each party waives any
and all right to assert that obligation hereunder is discharged or dischargeable.
The parties mutually agree that in the event of bankruptcy or financial reorganization
proceedings by either party in the future, any monies to be paid to the other party, or to a third
party, pursuant to the terms of this Agreement shall constitute support and maintenance and
shall not be discharged in bankruptcy.
15. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE.
The parties hereby expressly waive, release, discharge and give up any and all rights
or claims which either may now or hereafter have for spousal support, alimony pendente lite,
alimony, or maintenance. The parties further release any rights that they may have to seek
modification of the terms of this Agreement in a court of law or equity, with the understanding
that this Agreement constitutes a final determination for all time of either party's obligations
to contribute to the support or maintenance of the other.
16. ATTORNEY FEES, COURT COSTS.
Each party hereby agrees to be solely responsible for his or her own counsel fees, costs
and expenses. Neither shall seek any contribution thereto from the other except as otherwise
expressly provided herein.
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17. ATTORNEYS' FEES FOR ENFORCEMENT.
In the event that either party breaches any provision of this Agreement and the other
party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all
reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if
applicable) which are incurred by the other party in enforcing the Agreement, whether
enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific
Agreement and intent of the parties that a breaching or wrongdoing party shall bear the
obligation of any and all costs, expenses and reasonable counsel fees incurred by the
nonbreaching party in protecting and enforcing his or her rights under this Agreement.
18. WAIVER OF RIGHTS.
Both parties hereby waive the following procedural rights:
(a.) The right to obtain an inventory and the appraisement of all marital and
non-marital property;
(b.) The right to obtain an income and expense statement of either party;
(c.) The right to have all property identified and appraised;
(d.) The right to discovery as provided by the Pennsylvania Rules of Civil
Procedure; and
(e.) The right to have the court make all determinations regarding marital
and non-marital property, equitable distribution, spousal support,
alimony pendente lite, alimony, counsel fees and costs and expenses.
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19. MUTUAL COOPERATION.
WIFE and HUSBAND shall mutually cooperate with each other in order to carry
through the terms of this Agreement, including but not limited to, the signing of documents.
20. 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.
21. APPLICABLE LAW.
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
22. 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.
23. CONTRACT INTERPRETATION.
For purposes of contract interpretation and for the purpose in resolving any ambiguity
herein, the parties agree that this Agreement was prepared jointly by the parties.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day
first above written.
This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND
acknowledge the receipt of a duly executed copy hereof.
WwAkwk?
Wi ess
V
H y J. McKean
1
Robert C. McKean
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COMMONWEALTH OF PENNSYLVANIA
r : SS.
COUNTY OF c J ^ he r (cJ'TJ
q'`ih
On the I ?_ day of J0 I 2002, before me, a Notary Public
in and for the Commonwealth of Pennsylvan a, the undesigned officer, personally appeared Holly
J. McKean, known to me (or satisfactory proven) to be one of the parties executing the foregoing
instrument, and she acknowledges the foregoing instrument to be her free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year
first above written.
COMMONWEALTH OF I W )(N`VialUiL
COUNTY OF X11. ph t n : SS.
On the 1_ day of OU IS/ . 2002, before me, a Notary Public
in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared
Robert C. McKean , known to me (or satisfactory proven) to be on of the parties executing the
foregoing instrument, and he acknowledges die foregoing instrument to be his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year
first above written.
i-_-- Notarial S"
Stacey A. Fog:, Notewy Public
Page 12 of 12 M Henfsbu g, pyn Courdy
v commission Dome Jan. 2 20DS
otary Public
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4
HOLLY J. McKEAN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-4925
ROBERT C. McKEAN, : CIVIL ACTION -LAW
Defendant : 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 § 3301(c) of the Divorce
Code.
2. Date and manner of service of the Complaint: Service was accepted by the
Defendant on the 18°' day of August, 1999 by signing an Acceptance of Service. Acceptance of
Service was filed with the court on August 23, 1999.
3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce
Code: by Holly J. McKean, Plaintiff, on July 18, 2002; by Robert C McKean, Defendant, on July
12, 2002.
4. Related claims pending: Settled by Agreement dated July 18, 2002.
5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the
Prothonotary; July 23, 2002
Date Defendant's Waiver of Notice ht § 3301(c) Divorce was filed with the
Prothonotary: July 23, 2002
Respectfully submitted,
REAGER & ADLER, PC
Date: Ok By'
elf enis n Cantor, Esquire
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 763-1383
Attorneys for Plaintiff
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Tberese Barrett Mete
Supreme Court #46439
115 Pine Street
Harrisburg, PA 17101
(717) 233-3220
Counsel for Plaintiff
"I17'
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY J. McKEAN,
Plaintiff
V. NO. 99 - q9,2S Civil Term
ROBERT C. McKEAN,
Defendant CIVIL ACTION - DIVORCE/CUSTODY
ORDER OF COURT
AND NOW, this -- day of August, 1999, upon consideration of the attached
Complaint for Custody, it is hereby directed that the parties and their respective counsel appear
before the Conciliator:
at
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on _?')C cam \y 1999 at O in.
for a Pre-Hearing Custody Conference. 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 or permanent Order.
For the Court,
Date of Order: By: ? 1%% .p? , ?
Custody Conciliator C )
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.
Court Administrator
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
BY THE COURT:
J.
FIL ED-D-ACE
99 AUG 18 PH 3. 0
CUPJi "ri?i D COUNTY
PENNSYLVANIA
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Theresa Barrett Male
Supreme Court #46439
115 Pine Street
Harrisburg, PA 17101
(717) 233-3220
Counsel for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY J. McKEAN,
Plaintiff
V. . NO. 99 - Y 9a ?? Civil Term
ROBERT C. MCKEAN,
Defendant CIVIL ACTION - DIVORCE/CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
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 or 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 ground for 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, South Hanover Street, Carlisle,
Pennsylvania.
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
(717) 249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
BY THE COURT:
J.
2
Theresa Barrett Male
Supreme Court #46439
115 Pine Street
Harrisburg, PA 17101
(717) 233-3220
Counsel for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY J. McKEAN,
Plaintiff
V.
NO. 99 - qq1 ?( Civil Term
ROBERT C. McKEAN,
Defendant CIVIL ACTION - DIVORCE/CUSTODY
COMPLAINT IN DIVORCE
AND FOR CUSTODY
Count 1 - Divorce
1. Plaintiff is Holly J. McKean (SS# 182-40-9408), who currently resides at 34
Woburn Abbey Road, Camp Hill, Cumberland County, Pennsylvania 17011 since January 1993.
2. Defendant Robert C. McKean (SS# 182-38-0481), who currently resides at 210
Senate Avenue, Apartment 216, Camp Hill, Cumberland County, Pennsylvania 17036 since
January 1999.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for
at least six months immediately previous to the filing of this Complaint.
4. The parties were married on October 11, 1986 in Enola, Pennsylvania.
5. There have been no prior actions for divorce or annulment between the parties.
6. The grounds for divorce are:
a. Defendant has offered such indignities to Plaintiff, the
innocent and injured spouse, as to render her condition intolerable
and life burdensome;
b. the marriage is irretrievably broken.
7. Neither party is a member of the armed forces of the United States or its allies.
8. Plaintiff has been advised that counseling is available and that plaintiff may have
the right to request that the court require the parties to participate in counseling.
Wherefore, Plaintiff requests the Court to enter a Decree in Divorce.
Count II - Equitable Distribution
9. Plaintiff incorporates by reference paragraphs 1 through 8 above.
10. During the marriage, the parties acquired real and personal property.
Wherefore, Plaintiff requests the Court to enter an Order equitably dividing all the marital
property.
Count 111- Alimony, Counsel Fees and Expenses
11. Plaintiff incorporates by reference paragraphs 1 through 8 above.
12. Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable
to support herself fully through appropriate employment.
13. Defendant has sufficient assets to provide continuing support for Defendant.
14. Plaintiff has retained counsel to pursue this action and has agreed to pay her
attorney a reasonable fee.
2
15. Plaintiff lacks sufficient funds to meet the costs and expenses of pursuing this
action, including counsel fees and the costs to retain experts to value the marital assets.
16. Defendant has sufficient assets to provide alimony and counsel fees, costs and
expenses for Plaintiff.
Wherefore, Plaintiff requests the Court to enter an order granting her alimony and counsel
fees and expenses.
i
Count IV - Custody
17. Plaintiff incorporates by reference paragraphs 1 through 8 above.
18. Plaintiff seeks custody of the following children:
Name Present Residence Date of Binh
Erin McKean 34 Woburn Abbey Avenue 07/29/89
Daniel McKean Camp Hill, PA 07/27/91
The children were not bom out of wedlock.
The children presently are in the custody of Plaintiff who resides at 34 Woburn Abbey
Road, Camp Hill, Cumberland County, Pennsylvania 17011.
During the past five (5) years, the children have resided with the following persons at
the following addresses:
Name Address Dates
Holly J. McKean 34 Woburn Abbey Ave. 01/22/99-
Camp Hill, PA present
Holly J. McKean 34 Woburn Abbey Ave. 01/93-
Robert C. McKean Camp Hill, PA 01/22/99
3
The mother of the children is Plaintiff, currently residing at 34 Woburn Abbey Road, Camp
Hill, Cumberland County, Pennsylvania 17011.
She is married.
The father of the children is Defendant, currently residing at 210 Senate Avenue, Apartment
216, Camp Hill, Cumberland County, Pennsylvania 17036.
He is married.
19. The relationship of plaintiff to the children is that of natural mother. The plaintiff
currently resides with the following persons:
Name
Relationship
Erin McKean daughter
Daniel McKean son
20. The relationship of defendant to the children is that of natural father. Defendant
currently resides with the following persons:
Name Relationship
None
21. 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 in another court. The court, term
and number, and its relationship to this action is: N/A.
Plaintiff has no information of a custody proceeding concerning the child/ren pending in
a court of this Commonwealth. The court, term and number, and its relationship to this action
is: N/A.
4
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have custod or visitation rights with respect to the chil-
dren. The name and address of such person is: N/A.
22. The best interest and permanent welfare of the children will be served by granting
the relief requested because Plaintiff has been and still is their primary caretaker.
23. Each parent whose parental rights to the children have not been terminated and
the person who has physical custody of the children have been named as parties to this action.
All other persons, named below, who are known to have or claim a right to custody or visitation
of the children will be given notice of the pendency of this action and the right to intervene:
Name Address Basis of Claim
None
Wherefore, plaintiff requests the court grant her custody of the children.
/IY
Theresa Barrett Male, Esquire
Supreme Court # 46439
115 Pine Street
Harrisburg, Pennsylvania 17101
(717) 233-3220
Counselfor Plaintiff
Date: August 9, 1999
5
VERIFICATION
I, Holly J. Mckean, state upon personal knowledge or information and belief that the
averments set forth in the foregoing document are true.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§ 4904, relating to unswom falsification to authorities.
?,K Q. InL(L,--.
Holly J. c can
Date: August 9, 1999
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' THERESA BARRETT MALE
,.,i•. QOIMRLOR AT LAW
1 Is PRa S17=
HAUmww, PtMds84ANtA 17101
(717) 233-3220
Theresa Barrett Male
Supreme Court #46439
115 Pine Street
Harrisburg, PA 17101
(717) 233-3220
Counsel for Plaintiff
,y
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY J. McKEAN,
Plaintiff
V.
NO. 99 - 4925 Civil Term
ROBERT C. McKEAN,
Defendant CIVIL ACTION - DIVORCE/CUSTODY
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce and for Custody.
Robert C. McKean
Date: August V6 , 1999
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HOLLY J. McKEAN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
ROBERT C. McKEAN,
Defendant
NO. 99-4925
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed in August 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
(90) days have elapsed from the date of the filing and service of the Complaint.
3. 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. Section 4904
relating to unsworn falsification to authorities.
Date: 1111461 1"L
Robert C. McKean
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HOLLY J. McKEAN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-4925
ROBERT C. McKEAN, CIVIL ACTION -LAW
Defendant IN DIVORCE
I consent to the entry of a final Decree of Divorce without notice.
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. § 4904 relating
to unsworn falsification to authorities.
DATE: 7/8l d i q -?
Holly J. McKean
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HOLLY J. McKEAN,
Plaintiff
V.
ROBERT C. McKEAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4925
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER
§ 3301(c) 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. § 4904 relating
to unsworn falsification to authorities.
DATE: 1I a f t) 2 ?1'?Y[L
Robert C. McKean
Sl
Li
r
HOLLY J. McKEAN,
Plaintiff
V.
ROBERT C. McKEAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4925
CIVIL, ACTION - LAW
IN DIVORCE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on August 18, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
(90) days have elapsed from the date of the filing and service of the Complaint.
3. 1 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. Section 4904
relating to unsworn falsification to authorities. l
Date: ajkl Q
Holly J. Mc can
j
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HOLLY J.MCKEAN IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff CIVIL ACTION - LAW
vs. NO.99-4925 CIVIL 19
ROBERT C.MCKEAN IN DIVORCE
Defendant
STATUS SHEET
DATE: ACTIVITIES:
73 0 2001
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HOLLY J. MCKEAN,
Plaintiff
Vs.
ROBERT C. MCKEAN,
Defendant
TO: Debra Denison Cantor
Timothy J. O'Connell
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 -- 4925 CIVIL
IN DIVORCE
Attorney for Plaintiff
Attorney for Defendant
DATE: Thursday, August 30, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
N
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE COUNSEL FOR PLAINTIFF ( )
COUNSEL FOR DEFENDANT ( )
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
IN THE COURT OF COMMON PLEAS OF
HOLLY J. McKEAN : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
V.
ROBERT C. McKEAN : NO. 99 - 4925
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Holly J. McKean
Debra Denison Cantor
Robert C. McKean
Timothy J. O'Connell
Plaintiff
, Counsel for Plaintiff
, Defendant
, Counsel for Defendant
You are directed to appear for a hearing to take testimony on the outstanding
issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9
North Hanover Street, Carlisle, Pennsylvania, on the 6th
June
2002 at 9:00
day of
a.m., at which place
and time you will be given the opportunity to present witnesses and exhibits in support
of your case.
By the o
urt,
,
C
George E. Hoffer, President Judge
Date of Order and
Notice: 3/28/02
By:
Divorce Master
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
* TESTIMONY WILL BE LIMITED TO THE VALIDITY OF A NOTE ALLEGEDLY
SIGNED BY THE PARTIES IN FAVOR OF JEAN SHELHAMER.
REAGER &ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011-0642
717.763.1383
TELEFAX 717.730.7366
WESSITE: ReagerAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
CHARLES E. ZALESKI
LINUS E. FENICLE
DEBRA DENISON CANTOR
Writer's E-Mail Address: ddeNsonaeplx.net
August 7, 2002
Robert Elicker, Esquire
9 North Hanover Street
Carlisle, PA 17013
RE: McKean v. McKean
Our File No.: 00.805
Dear Bob:
THOMAS 0. WILLIAMS
SUSAN H. CONFAIR
JOANNE HARRISON CLOUGH
DOUGLAS P. LEHMAN
+CadUed Trial Spea-list
Enclosed please find two (2) executed and witnessed Martial Settlement Agreements for your
record. Please revoke your appointment as Master in this case so we can finalize the divorce.
Your attention is appreciated.
Very
Cantor
DDC/er
cc: Holly McKean
Timothy O'Connell, Esquire
REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011.4642
717-763.1383
TELEFAX 717-730-7366
WEBSITE: ReagerAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
CHARLES E. ZALESKI
LINUS E. FENICLE
DEBRA DENISON CANTOR
Writer's E-Mall Address: ddenisonCepiz.net
October 30, 2001
Special Master Robert Elicker
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: McKean v. McKean
No. 00-4925
Our File No. 00-805.001
Dear Bob:
Enclosed please find the Pretrial Statement of Holly J. McKean.
t ly yours,
I
ra DI
ni Cantor
DDC/waw
Enclosure
THOMAS O. WILLIAMS
SUSAN H. CONFAIR
JOANNE HARRISON CLOUGH
CHRISTINE SCHWAMBERGER
+Certified Trial Specialist
cc: Timothy J. O'Connell, Esquire (w/enclosure)
Holly McKean (w/enclosure)
HOLLY J. McKEAN,
Plaintiff
V.
ROBERT C. McKEAN,
Defendant
OCT 3 1 20011
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4925
CIVIL ACTION - LAW
IN DIVORCE
PRE-TRIAL STATEMENT OF
HOLLY J.McKEAN
1. BACKGROUND INFORMATION:
PLAINTIFF:
1. Name:
2. Address:
3.
4.
5.
6.
7.
8.
Age:
Date of Birth:
Educational Background:
Health:
Occupation:
Employer:
DEFENDANT:
1. Name:
2. Address:
3. Age:
4. Date of Birth:
5. Educational Background:
5. Health:
6. Occupation:
7. Employer:
Holly J. McKean
19 Annette Drive
Enola, PA 17025
41
January 4, 1960
High School, 2 years technical
No issues raised
X-Ray Technician
Holy Spirit Hospital
Robert C. McKean
130 Tory Circle
Enola, PA 17025
39
November 15, 1961
High School, two years technical
No issues raised
Vascular Ultrasound Technician
Vascular Associates
CHILDREN OF THIS MARRIAGE:
1. Erin McKean
Date of Birth: July 29, 1989
2. Daniel McKean
Date of Birth: July 27, 1991
Plaintiff is the primary physical custodian of the minor children.
MARRIAGE INFORMATION:
1.
2.
3.
4.
5.
Date of Marriage:
Place of Marriage:
Date of Separation:
Date Action Commenced:
Issues Raised:
October 11, 1986
Enola, Cumberland County
January 21, 1999
August, 1999
Divorce; Equitable distribution
II. INCOME
2.
Husband's is employed at Vascular Associates as a vascular ultrasound technician. As
no income and expense has been filed, his income is unknown.
Wife is employed at Holy Spirit Hospital as an x-ray technician. Her pay varies with her
hours. In 2000, she earned $38,793.00.
III. ASSETS:
A.
Real Property
( The parties were owners of real property which was sold in October, 2000. The proceeds
from the sale were equally divided.
2
II B Retirement
Plaintiff:
1. Lincoln Group Annuity (Holy Spirit Hospital)
(Contract #891450 savings plan).
DOS Balance: $40,722.00
Present Balance: $51,784.00
2. Fidelity Investments (Holy Spirit 401(k) Plan)
Account No.: 4073116
DOS Balance: $19,401.00
1. Vanguard (Vascular Associates Profit Sharing Plan)
Account No.: 06314440
DOS Balance: $51,102.00
C. Stock
1. Hershey Food stock: unknown shares
2. Disney stock: unknown shares
D. Personal Property a 2yiat d with the house
I. Sports memorabilia
E. Life Insurance
1. Jefferson Pilot - policy #000917228
Case value - $1,664.00 (wife)
2. State Farm - policy #
Case value - $1,664.00 (wife)
3. State Farm - policy #
Case value - $856.00 (wife)
4. Life insurance - policy #LF 0771-1050 (husband) - unknown
3
5. Life Insurance - policy #LF-1036-1772 (husband) - unknown
III. MARITAL PROPERTY TRANSFERRED
A. American Express IRA - account no.: 1670286380001
$13,000.00 transferred to Husband in 2000
IV. MARITAL, DEBT
A. Loan
Jean Shelhamer Qoint) $20,000.00
B. Credit Cards
PNC Bank (husband)
PNC Bank (wife)
First USA: account no.: 5417 1262 6226 9847
Citibank:
First USA: account no.: 4417 1286 8738 3792
C. Other Debt
Costs to prepare home for sale $2,369.00 (wife)
V.
A. Expert
1. Holly J. McKean
2. Jean Shelhamer
3. Robert McKean (as on cross)
4. Appraiser (sports memorabilia)
$4,368.00
$5,775.00
$8,000.79
$ 22.45
$ 475.62
4
Plaintiff reserves the right to call any witnesses on Defendant's Pretrial and to
supplement this list with notice to Defendant.
1. Plaintiffs W-2
2. Plaintiffs most recent pay stub
3. Defendant's W-2
4. Defendant's most recent pay stub
5. Lincoln Group annuity statements (DOS, present)
6. American Express IRA statement (DOS, present, withdraw 1)
7. Holy Spirit 401(k) statement (DOS)
8. Vanguard (Vascular Associates Profit Sharing) (DOS statement, present)
9. Hershey Food share certificate
10. Disney share certificate
11. Life insurance case value statements
(a) Jefferson Pilot
(b) State Farm
12. Credit card balance statements (DOS)
(a) First USA (2)
(b) Citibank
(c) PNC (2)
13. Proof of costs incurred to prepare home for sale
14. Original note evidencing obligation to Jean Shelhamer
15. Appraisal of sports memorabilia
Plaintiff reserves the right to utilize any of Defendant's exhibits and to supplement this list with
notice to Defendant
5
Vl. PROPOSED RESOLUTION
A. 60/40% division of assets and debts in favor of wife
Respectfully Submitted,
REALER, ADLER & COGNETTI, PC
Date: October 30, 2001 By: *-O-' I---
PEDAA D I N CANTOR, ESQUIRE
rney I.D. o. 66378
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. [717] 763-1383
Attorneys for Defendant
CERTIFICATE OF SERVICE
AND NOW, this ? day of 1999,1 hereby verify that I have
caused a true and correct copy of the foregoing document, Pre-Trial Statement oi`
to be placed in the U.S. mail, first class, postage prepaid and addressed as follows:
REAGER & ADLER, P.C.
By: "? j a V-'?L
DE NI N NTOR,ESQUIRE
HOLLY J. McKEAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 00 - 4925 CIVIL
ROBERT C. McKEAN,
Defendant IN DIVORCE
PRE-HEARING CONFERENCE
TO: Debra Denison Cantor Counsel for Plaintiff
Timothy J. O'Connell Counsel for Defendant
A pre-hearing conference has been scheduled at the
office of the Divorce Master, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 1st day of February, 2002, at
9:30 a.m., at which time we will review the pre-trial
statements previously filed by counsel, define issues,
identify witnesses, explore the possibility of settlement
and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 11/7/01 E. Robert Elicker, II
Divorce Master
HOLLY J. MCKEAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99 - 4925 CIVIL
ROBERT C. MCKEAN,
Defendant IN DIVORCE
TO: Debra Denison Cantor Attorney for Plaintiff
Timothy J. O'Connell Attorney for Defendant
DATE: Thursday, August 30, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
. r _
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
oi
DATE SEL PLAINTIFF ( )
COUNSEL FOR DEFENDANT ( )
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
HOLLY J. MCKEAN IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNA.
V. CIVIL ACTION - LAW
NO. 99-4925
ROBERT C MCKEAN
Defendant IN DIVORCE
INVENTORYOF
ROBERT C. MCKEAN
Defendant files the following inventory of all property owned or possessed by either party at
the time this action was commenced and all property transferred within the preceding three years.
Defendant verities that the statements made in this inventory are true and correct.
Defendant understands that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. Section 4904 relating to unswom falsification to authorities.
Date:: tll'Ol ??.
Robert C. McKean
HOLLY J. MCKEAN IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNA.
V. CIVIL ACTION - LAW
NO. 99-4925
ROBERT C. MCKEAN
Defendant IN DIVORCE
ASSETS OF THE PARTIES
Defendant marks on the list below those items applicable to the case at bar and itemizes the
assets on the following pages.
(X) 1. Real property
( ) 2. Motor vehicles
(X) 3. Stocks, bonds, securities and options
( ) 4. Certificates of deposit
(X) 5. Checking accounts, cash
(X) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of sate deposit boxes
( ) 8. Trusts
(X) 9• Life insurance policies (including face value, cash surrender value and current
beneficiaries)
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
( ) 14, Personal property outside the home
( ) 15. Business (list all o),vners, including percentage of ownership, and officer/director
positions held by a party with company)
( ) 16. Employment termination benefits - severance pay, worker's compensation
claim/award
(X) 17. Profit sharing plans
(X) 18. Pension plans (indicate employee contribution and date plan vests)
(X) 19. Retirement accounts, Individual Retirement Accounts
( ) 20. Disability payments
( ) 21. Litigation claims (matured and unmatured)
( ) 22. MilitaryN.A. benefits
( ) 23. Education benefits
(X) 24. Debts clue, including loans, mortgages held
(X) 25. Household furnishings and personalty (include as a total category and attached
itemized list ifdistribution of such assets is in dispute)
(X) 26. Other - NONE
HOLLY J. MCKEAN
Plaintiff
V.
ROBERT C. MCKEAN
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
NO. 99-4925
IN DIVORCE
MARITAL ASSETS
Defendant lists all marital property in which either or both spouses have a legal or equitable
interest individually or with any other persons as of the date this action was commenced:
Non-Marital
Item Asset Value/Date Portion Liens
1. Lincoln Group Annuity $51,784.00 Unknown Unknown
8/01
2. Fidelity Savings $19,401.30 Unknown Unknown
8/01
3. American Express IRA $32,521.79 None None
9/19/01
4. Vanguard $46,758.55 None None
9/30/01
5. Jefferson Pilot Life $ 1,664.00 None None
8/01
6. Hershey Food Stock None None
(8 shares)
7. Disney Stock
(5 shares)
8. State Fame Life $ 1,624.00 None None
8/01
9. State Farm Life $ 856.00 None None
8/01
10. House Proceeds $46,000.00 None None
3/01
11. State Farm $ 1.296.75 None None
Policy LF 0071 1050 9/01
12. State Farm $ 7.727.32 None $ 7,000.00
Policy LF 10 36 1772
13.
14.
15
16.
Sports Memorabilia
(In possession of Robert)
(a) Baseball/Football Items
(b) Nascar diecast collection
Sports Memorabilia
(In possession of Holly)
See Exhibit D-9
Household Items
(in possession of Holly)
See Exhibit D-10
Household Items
in possession of Robert)
See Exhibit D-1 1
$3,750.00 - $5,598.00 None
10/8/01
$2,450.00 - $4,000.00 None
6/01
$3,250.00 - $8,000.00
$5,000.00 - $8,500.00
$ 300.00
None
None
HOLLY J. MCKEAN IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNA.
V. CIVIL ACTION - LAW
NO. 99-4925
ROBERT C. MCKEAN
Defendant IN DIVORCE
NON-MARTIAL PROPERTY
Defendant lists all property in which a spouse has a legal or equitable interest which is
claimed to be excluded from marital property:
Item Description of Reason for
Number Property Amount Exclusion
Vanguard Money Market $10,877.01 Post-separation
HOLLY J. MCKEAN IN THE COURT OF COMMON PLEAS
Plaintiff' CUMBERLAND COUNTY, PENNA.
V. CIVIL ACTION - LAW
NO. 99-4925
ROBERT C. MCKEAN
Defendant IN DIVORCE
PROPERTY TRANSFERRED
Item Description of Date of Person to
Number Property Transfer Transferred Consideration
I. American Express IRA Husband $13,704.00
Used to pay off joint First USA credit card credit and penalty
and tax on withdrawal of tax deferred funds.
2. 1988 Saab 9000 Turbo Unknown Unknown Unknown
In possession of Holly at time o: separation
HOLLY J. MCKEAN IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNA.
V. CIVIL, ACTION - LAW
NO. 99-4925
ROBERT C. MCKEAN
Defendant IN DIVORCE
LIABILITIES
Item Description of' Names of All Names of Amount
Number Property Creditors All Debtors of Debt
1. Credit Card First USA Joint $7,169.14
(Paid from American Express IRA. See Item 1 under "Property Transferred))
2• Loan PNC Bank Husband $4,636.00
(Has been assumed by husband since separation)
3. Loan PNC Bank Wife $5,755.00
(Has been assumed by wile since separation)
HOLLY J. MCKEAN IN'rHE COURTOPCOMMON PLEAS
Plaintiff' CUMERLAND COUNTY, PENNA.
V. CIVIL. ACTION -LAW
NO. 99-4925
ROBERT C. MCKEAN
Defendant IN DIVORCE
Certificate of Service
1. Timothy J. O'Connell. hereby certify that I served a true and correct copy of the
foregoing by depositing same in the U.S. mail, first class postage prepaid, addressed as
follows:
Debra Denison Cantor, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011-4642
Date: ' o
Ti thy J. O'Connell
HOLLY J. MCKEAN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND CO., PENNSYLVANIA
NO. 99-4925
ROBERT C. MCKEAN, CIVIL ACTION - LAW
Defendant IN DIVORCE/CUSTODY
IIWENTORY OF
HOLLY J. MCKEAN
Plaintiff files the following inventory of all property owned or possessed by either
party at the time this action was commenced and all property transferred within the
preceding three years.
Plaintiff verifies that the statements in this inventory are true and correct. Plaintiff
understands that false statements herein are made subject to the penalties of 18 Pa.C.S.
§4904 relating to unsworn falsification to authorities.
4"tt?i Q. i 11L4.¢ ?
Holly J. c can
ASSETS OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and
itemize the assets on the following pages.
[x] 1. Real property
[x] 2. Motor vehicles
? 3. Stocks, bonds, securities and options
? 4. Certificates of deposit
[x] 5. Checking accounts, cash
[x] 6. Savings accounts, money market and savings certificates
? 7. Contents of safe deposit box
? 8. Trusts
[x] 9. Life insurance policies (indicate face value, cash surrender value and current
beneficiaries
? 10. Annuities
? 11. Gifts
? 12. Inheritances
? 13. Patents, copyrights, inventions, royalties
? 14. Personal property outside the home
? 15. Business (list all owners, including percentage of ownership, and
officer/director positions held by a party with company)
? 16. Employment termination benefits - severance pay, workers' compensation
claim/award
? 17. Profit sharing
[x] 18. Pension plans (indicate employee contribution and date plan vests)
[x] 19. Retirement plans, Individual Retirement Accounts
? 20. Disability payments
? 21. Litigation claims (matured and unmatures)
? 22. Military/VA benefits
? 23. Education benefits
[x] 24. Debts due, including loans, mortgages held
[x] 25. Household furnishings and personalty (include a total category and attach
itemization list if distribution of such assets is in dispute)
? 26. Other
MARITAL PROPERTY
Plaintiff lists all marital property in which either
equitable interest individually or with any other person
commenced:
r both spouses have a legal or
as of the date this action was
Item No. Description of Property Names of all
Owners Value
1 Lincoln Group annuity Wife $51,784.00
2 Fidelity Savings Wife $19,401.30
3 American Express IRA Husband $45,613.00
4 Vanguard Husband $51,102.00
5 Jefferson Pilot Life Wife $1,664.00
6 Hershey Food Stock Husband Unknown
7 Disney Stock Husband Unknown
8 State Farm Life Wife $1,624.00
9 State Farm Life Wife $856.00
10 House Proceeds Husband & Wife Divided by
parties
11 Life Insurance
Policy # LF-0771-1050 Husband Unknown
[]2 Life Insurance
Policy # LF-1036-1772 Husband Unknown
3 Sports Memorabilia Husband Unknown
NON-MARITAL PROPERTY
Plaintiff lists all property in which a spouse has a legal or equitable interest which
is claimed to be excluded from marital property:
Item No. Description of Property Reason for Exclusion
PROPERTY TRANSFERRED
Item No. Description of Date of Person to Consideration
Property Transfer Whom
Transferred
1 American Express IRA 2000 Husband $13,000.00
LIABILITIES
Item No. Description of Names of Names of Amount of
Property Creditors Debtors Debt
1 Credit card First USA Joint $8,000.79
2 Credit card Citibank Joint $22.45
3 Loan PNC Bank
Husband
$4,368.00
4 Loan PNC Bank
Wife
$5,755.00
5 Credit card First USA Joint $475.62
6 Loan Jean
.
Joint
$20,000.00
Shelhamer
7 Preparation costs to sell Wife $2
368.97
home ,
:f] >.
i... ?
?
- .S,t
_ ? j
.
i
":_i
':
?
?'
. I?ia
? ....
? `:J
,.? r? U
HOLLY J. MCKEAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 99 - 4925 CIVIL
ROBERT C. MCKEAN,
Defendant IN DIVORCE
PRE-HEARING CONFERENCE
TO: Debra Denison Cantor , Counsel for Plaintiff
Timothy J. O'Connell , Counsel for Defendant
A pre-hearing conference has been scheduled at the
office of the Divorce Master, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 28th day of March, 2002, at
9:30 a.m., at which time we will review the pre-trial
statements previously filed by counsel, define issues,
identify witnesses, explore the possibility of settlement
and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 3/18/02 E. Robert Elicker, II
Divorce Master
REAGER &ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011-4642
717-763.1383
TELEFAX 717-730-7366
VVESSITE: ReagerAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
CHARLES E. ZALESKI
LINUS E. FENICLE
DEBRA DENISON CANTOR
THOMAS O. WILLIAMS
SUSAN H. CONFAIR
JOANNE HARRISON CLOUGH
+Certified Tdal Specialist
Writer's E-Mail Address: Wolfson Cepix.net
October 4, 2001
Special Master E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: McKean v. McKean
No. 00-4925
Our File No. 00-805.001
Dear Mr. Elicker:
Our response to Mr. O'Connell's Request for Production of Documents was served upon him
on September 11, 2001. Discovery is now complete. Therefore, please list this case for a pretrial
hearing.
Your attention is appreciated.
DDC/waw
cc: Timothy J. O'Connell, Esquire
Holly McKean
NOV 0 5 206-
HOLLY J. MCKEAN
Plaintiff
V.
ROBERT C. MCKEAN
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
NO. 99-4925
IN DIVORCE
PRETRIAL STATEMENT
1. List of Assets
(See inventory attached)
2. Experts
None
3. Witnesses
Robert C. McKean
4.
Exhibits
D-1 Vanguard Statement (pension/profit sharing) December 31, 1999
D-2 Vanguard Statement (pension/profit sharing) September 30, 2001
D-3 American Express IRA Statement December 31, 1999
D-4 American Express IRA Statement 1099-R-2000
D-5 American Express IRA Statement September 19, 2001
D-6 Bankcard payoff statement March 2000
D-7 Appraisal - sports memorabilia
D-S Appraisal - NASCAR collection
D-9 Sports memorabilia in possession of Holly
D-10 Household items in possession of Holly
D-1 I Household items in possession of Robert
5.
Gross Income
$2,130.00 bi-weekly
6. Expense Statement
(See attached)
7. Pension Value
See D-1 through D-5
8. Counsel Fees
N/A
9. Dispute/Value of Tangible Assets
N/A
10. Debt
(See Inventory attached)
11. Proposed Resolution of Economic Issues
It is proposed that the marital assets be divided equally between the
parties. This would entail the equal division of the proceeds of the sale of the
house and the retention by each party of their respective pension, retirement and
profit sharing accounts. It is proposed that each party continue to be responsible
for the payment on the unsecured debt each assumed following separation. It is
submitted that the $20,000.00 alleged by plaintiff to be owed by the parties to
plaintiffs mother was never intended to be repaid but was instead represents
gratuitous payments made by plaintiffs mother during the time she lived with the
parties.
Respectfully submitted,
Date: AU' -?
imothy
era O'Connell
4415 North Front Street
Harrisburg, PA 17110
(717) 232-4551
Attorney for Defendant
HOLLY.I. MCKEAN IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNA.
V. CIVIL ACTION - LAW
NO. 99-4925
ROBERT C. MCKEAN
Defendant IN DIVORCE
MARITAL ASSETS
Defendant lists all marital property in which either or both spouses have a legal or equitable
interest individually or with any other persons as of the date this action was commenced:
Non-Marital
Item Asset Value/Date Portion Liens
1. Lincoln Group Annuity $51,784.00 Unknown Unknown
8/01
2. Fidelity Savings $19,401.30 Unknown Unknown
8/01
3. American Express IRA $32,521.79 None None
9/19/01
4. Vanguard $46,758.55 None None
9/30/01
5. Jefferson Pilot Life $ 1,664.00 None None
8/01
6. Hershey Food Stock None None
(8 shares)
7. Disney Stock
(5 shares)
8. State Fann Life $ 1,624.00 None None
8/01
9. State Farm Life $ 856.00 None None
8/01
10. House Proceeds $46,000.00 None None
3/01
11. State Farm $ 1.296.75 None None
Policy LF 0071 1050 9/01
12. State Farm $ 7,727.32 None $ 7,000.00
Policy LF 1036 1772
13. Sports Memorabilia
(In possession of Robert)
(a) Baseball/Football Items
(b) Nascar diecast collection
14. Sports Memorabilia
(In possession of Holly)
See Exhibit D-9
15. Household Items
(in possession of Holly)
See Exhibit D-10
16. Household Items
in possession of Robert)
See Exhibit D-I I
$3,750.00 - $5,598.00 None
10/8/01
$2,450.00 - $4,000.00 None
6/01
$3.250.00 - $8,000.00
$5,000.00 - $8,500.00
$ 300.00
None
None
HOLLY.I. MCKEAN IN THE COURT Of COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNA.
V. CIVIL ACTION - LAW
NO. 99-4925
ROBERT C. MCKEAN
Defendant IN DIVORCE
NON-MARTIAL PROPERTY
Defendant lists all property in which a spouse has a legal or equitable interest which is
claimed to be excluded fi•om marital properly:
Item Description of Reason for
Number Pronertv Amount Exclusion
Vanguard Money Market $10,877.01 Post-separation
HOLLY J. MCKEAN IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNA.
V. CIVIL ACTION - LAW
NO. 99-4925
ROBERT C. MCKEAN
Defendant IN DIVORCE
PROPERTY TRANSFERRED
Item
Number
Description of
Property
American Express IRA
Husband
Used to pay offjoint First USA credit card credit and penalty
and tax on withdrawal of tax deferred finds.
Consideration
$13,704.00
2. 1988 Saab 9000 Turbo Unknown Unknown
Unknown
Date of Person to
Transfer Transferred
In possession of Holly at time of separation
HOLLY J. MCKEAN
Plaintiff'
V.
ROBERT C. MCKEAN
Defendant
Item
Number
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION- LAW
NO. 99-4925
IN DIVORCE
LIABILITIES
Description of Names of All Names of Amount
Property Creditors All Debtors of Debt
Credit Card First USA feint $7,169.14
(Paid from American Express IRA. See Item 1 under "Property Transferred))
Loan PNC Bank Husband
(Has been assumed by husband since separation)
$4,636.00
3• Loan PNC Bank Wife $5,755.00
(Has been assumed by wife since separation)
INCOME
Employer: Vascular Associates, P.C.
Address: 800 Poplar Church Road
Type of Work: Vascular Ultrasound Technologist
Payroll Number:
Pay Period (weekly, biweekly, etc.):
Bi4aoolcly
Gross Pay per Pay Period: $ 2,130.00
Itemized Payroll Deductions:
Federal Withholding $ 307.62
Social Security $ iz? 06
Local Wage Tax $ 71 In
State Income Tax $ SQ sa
Retirement $ n no
Savings Bonds $ n on
Credit Union $ n nn
Life Insurance $-o-nn
Health Insurance $ a_na
Other (specify)
n;aah;7;t)z $ ia_no
S
Net Pay per Pay Period: $
Other Income:
Week Month Year
(Fill in Appropriate Column)
Interest $ $ $
Dividends 6.00 - 8.00
Pension
Annuity
Social Security
Rents
Royalties
Expense Account
Gifts
Unemployment Comp.
Workmen's Comp.
Total: $ $ $
TOTAL INCOME: $
INDOg i
PRplaam
EXPENSES
Weekly Monthly yearly
(Fill in appropriate column)
Home
Mortgage/Rent $
Maintenance
Utilities (long distance )
Electric
Gas ($8.00 summer $120.00 wintAr)
Oil
Telephone
Water
Sewer
$ 775 0( S
15 nn
19.75
55_nn
eD M-Wverage).
52 an _16.78
Employment
Public Transportation $ $
Lunch 140.00
Taxes
Real Estate $ $
Personal Property
Income
Insurance
Homeowners $ $
Automobile 86.95
Life(Robert & children) 130.76
Accident
Health
Other (Renters) 10.50
Automobile
Payments $ $ 374.18
Fuel 120.00
Repairs 20.00
Medical
Doctor S $ 50.00
Dentist
Orthodontist
Hospital
Medicine 50.00
Special Needs
(Glasses, braces, orthopedic devices)
S
S
S
S
Education
Private School $ $ S
Parochial School -
College
Religious
Personal
Clothing $ S
Food 150.00 $
_ .00
Barber/hairdresser 200 18.00
Credit payments
Credit card 214.00
Charge account
Memberships
Loans
Credit Union $ $
MBNA
142.00
Miscellaneous
Household help $ $ S
Child care
Papers/books/magazines 20.00
Entertainment 200
00
Pay TV .
33
80
Vacation .
Gifts
Legal fees
Charitable contribution
Other child support
' 850
00
A2tYt
Sffiff payments .
Other
Total Expenses $ $3-797 62 $
HOLLY J. MCKEAN IN THE COURT OF COMMON PLEAS
Plaintiff CUMERLAND COUNTY, PENNA.
V. CIVIL ACTION -LAW
NO. 99-4925
ROBERT C. MC'KEAN
Defendant IN DIVORCE
Certificate of Service
1, Timothy J. O'Connell, hereby certify that 1 served a true and correct copy of the
foregoing by depositing same in the U.S. mail, first class postage prepaid, addressed as
follows:
Debra Denison Cantor, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011-4641
Date: d a `? l
T' th onne
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, 11 West Shore
Divorce Master 697-0371 Ext. 6535
Traci Jo Colyer
Office Manager/Reporter
October 8, 2001
Debra Denison Cantor Timothy J. O'Connell, Esquire
Attorney at Law TURNER Et O'CONNELL
REAGER Et ADLER 258 North Street
2331 Market Street P.O. Box 1123
Camp Hill, PA 17011 Harrisburg, PA 17108
RE: Holly J. McKean vs. Robert C. McKean
No. 00 - 4925 Civil
In Divorce
Dear Ms. Denison Cantor and Mr. O'Connell:
I am going to proceed on the basis th it all discovery is complete and
that the request for production of documents has been met. I am also going to
assume that grounds for divorce are not an issue and that the parties will
either sign affidavits of consent or have been separated for a period in excess
of two years.
A divorce complaint was filed on August 16, 1999, raising grounds for
divorce of irretrievable breakdown of the marriage and indignities.
The complaint also raised economic claims of equitable distribution,
alimony, and counsel fees and expenses.
In accordance with P.R.C.P. 1920.33(b) l am directing each counsel to
file a pretrial statement on or before Friday, November 2, 2001. Upon receipt
of the pretrial statements, I will immediately schedule a pre-hearing
Ms. Denison Cantor and Mr. O'Connell, Attorneys at Law
8 October 2001
Page 2
conference with counsel to discuss the issues and, if necessary, schedule a
hearing.
Very truly yours,
E. Robert Elicker,
Divorce Master
NOTE: Sanctions for failure to file the pretrial statements are set
forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED
IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY
TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
HOLLY J. MCKEAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99 - 9925 CIVIL
ROBERT C. MCKEAN,
Defendant IN DIVORCE
TO: Debra Denison Cantor Attorney for Plaintiff
Timothy J. O'Connell Attorney for Defendant
DATE: Thursday, August 30, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
Awaiting response to motion for production sent on August 27.2001,
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
Discovery will be complete when response to motion for production is received.
I- S" °/
DATE ACO FF ( )
S F OR DEFENDANT (-?)
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (z) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011-0642
717.763.1383
TELEFAX 717.730-7366
WESSITE: ReagerAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
CHARLES E. ZALESKI
LINUS E. FENICLE
DEBRA DENISON CANTOR
THOMAS O. WILLIAMS
SUSAN H. CONFAIR
JOANNE HARRISON CLOUGH
CHRISTINE SCHWAMBERGER
Writer's E•Mall Address: ddenison®epix.net
November 7, 2001
Special Master E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: McKean v. McKean
Civil Action - Law No. 99-4925
Our File No. 00-805.001
Dear Bob:
+Certified Trial Specialist
This letter serves as a supplement to my Pretrial Statement. Under Marital Assets, I failed to list
husband's American Express IRA. While I listed the asset under Property Transferred as well as an exhibit
on my Pretrial, I did not list it as an asset. I just wanted to clear up any misunderstanding this may have
caused. I look forward to our conference on February 1, 2002.
Very ly ur L
ebra son Cantor
DDC/waw
cc: Timothy J. O'Connell, Esquire
Holly McKean
REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011-4642
717.763-1383
TELEFAX 717-730.7366
WEBSITE: ReagerAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
CHARLES E. ZALESKI
LINUS E. FENICLE
DEBRA DENISON CANTOR
Wdtefs E-Mail Address: ddenlson®epiz.net
September 5, 2001
Special Master Robert Elicker
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: McKean v. McKean
No. 00-4925
Our File No. 00-805.001
Dear Mr. Elicker:
THOMAS O. WILLIAMS
SUSAN H. CONFAIR
JOANNE HARRISON CLOUGH
+Cenllled Trial Specialist
Enclosed please find a copy of my Certification for Discovery in the above matter. Discovery
is complete.
DDC/ak
Enclosure: Certification
cc: Timothy J. O'Connell, Esquire
Holly McKean
HOLLY J, MCKEAN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND CO., PENNSYLVANIA
NO. 99-4925
ROBERT C. MCKEAN, CIVIL ACTION - LAW
Defendant IN DIVORCE/CUSTODY
MOTION FOR APPOINTMENT OF MASTER
AND NOW, this _ day of 2001, comes the undersigned
attorney for the plaintiff and certifies to the. Court that the above action in Divorce is at issue;
that no issue has been directed by the Court to be tried by jury, and therefore respectfully
moves the Court for appointment of a Master. The following matters are at issue between the
plaintiff and the defendant:
60 Grounds for divorce; ( ) Alimony Pendente lite,
() Support; Counsel fees;
() Alimony; ( ) Paternity;
(d) Equitable distribution of O Custody;
property; ( ) Other
1999Service of the complaint was made on the above named defendant on August 18,
.
An appearance on behalf of the defendant has been entered by Timothy J. O'Connell,
Esquire. The following attorneys have been interested in other matters arising between the
plaintiff and defendant: None.
Contest is not indicated.
r enis Can or, Esquire
A orney fo ff
AND NOW, this ,,'Aayof,JL ;,. z, 2001, A4"- -zc>`f.
Esq., is hereby appointed Master in this procifeding to hear the testimony and return the record
and a transcript to the Court together with report and recommendation.
BY THE COURT: r
AN Akl-\
?u1A,
r ? p; f
1_.
L= 1(L
r _
C
F.
•_; U
TURNER AND O'CONNELL
ATTORNEYS AT LAW
4415 NORTH FRONT STREET
JAMES H. TURNER IIARRISEIURG, PA 17110 TELEPHONE
TIMOTHY J. O'CONNELL 717-232-4551
FAX
717-232-2115
November 2, 2001
H. Roberl I?licker.11. Inquire
Office of Divorce Master
('unlherland Counts
') Norlh I lunm er Street
Carlisle.l'A 171113
Re: McKean v. McKean
No. 99-4925
I)eal' Mr. Flicker:
Please find enclosed Defendant's Pretrial Statement, Income and Expense
Stalentent and Invenlory.
If you need any other information, please contact my office.
Sincerely,
imothy J. O'Connell
I'.IO:cal'
cc: Debra Denison Cantor- Esquire
Enclosure
NOV 0 5 2001C-
INCOME AND EXPENSE STATEMENT
OF
ROBERT C. McKEAN
I verify that the statements made in this Income
and Expense Statement 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 authori-
ties.
Date: 1-1-dk
Robert C. McKean
INCOME
Employer: Vascular Associates P.C.
Address: 800 Poplar Church Road
Type of Work: Vascular Ultrasound Technologist
Payroll Number:
Pay Period (weekly, biweekly, etc.): g;,,
Gross Pay per Pay Period: $ 2,130.00
Itemized Payroll Deductions:
Federal Withholding $ 307.62
Social Security $
132
0f
Wage Local Tax --
-
,-
$ ?i 3R
State Income Tax $ sa rd
Retirement $
n nn
Savings Bonds _
$ n nn
Credit Union $ n
nn
Life Insurance _
$ n
nn
Health Insurance _
$ a nR
Other (specify)
Disah;l;ry S_ iA_nn
S
Net Pay per Pay Period: $ 1 .rfin at
Other Income:
Week Month Year
(Fill in Appropriate Column)
Interest $ $ $
Dividends
Pension 5.99_=B.00
Annuity
Social Security
Rents
Royalties
Expense Account
Gifts
Unemployment Comp.
Workmen's comp.
Total: $ $ $
TOTAL INCOME: $
EXPENSES
Weekly Monthly Yearly
(Fill in appropriate column)
Home
Mortgage/Rent $
Maintenance
Utilities (long distance)
Electric
Gas ($8,00 sunner $120.00 winter)
Oil
Telephone
Water
Sewer
Employment
Public Transportation $
Lunch
Taxes
Real Estate
Personal Property
Income
Insurance
Homeowners
Automobile
Life (Robert & children)
Accident
Health
Other (Renters)
Automobile
Payments
Fuel
Repairs
Medical
Doctor
Dentist
Orthodontist
Hospital
Medicine
Special Needs
(Glasses, braces,
$ '77r QA $
1S nn
7 7 75
as on
ti-n n?n ;_verage)
a? _an
16.78
S S
140.00
$ S
S S
86.95
130.76
10.50
$ 374.18 S
120.00
20.00
$ 50.00 S,
JV.VV
orthopedic devices)
Education
Private School $ $ $
Parochial School
College
Religious
Personal
Clothing $ $ 150.00 $
Food 200.00
Barber/hairdresser 18.00
Credit payments
Credit card 214.00
Charge account
Memberships
Loans
Credit Union $ $ $
MBNA
142.00
Miscellaneous
Household help $ $ $
Child care
Papers/books/magazines 20.00
Entertainment 200.00
Pay TV
33.80
Vacation
Gifts
Legal fees
Charitable contribution
Other child support 850
00
;1R4hi?ifil4Ft payments .
Other
Total Expenses $ $ 7a7 F? $
PROPERTY OWNED
Checking Accounts
Savings Accounts
Credit Union
Stocks/Bonds
Real estate
Other
Description Value Ownership*
H W J
Members 1st ECU $ 100.00 H _
Members 1st FM 800.00 H
Total $ 900600
INSURANCE
Hospital
Blue Cross
)gt4iWk
Medical
Blue Shield
)P(Nx VC
Health/Accident
Disability Income
Dental
RqW
Company Policy # Coverage*
H W C
117 r C + Blue , -;kL-
QAF 182-39-0481 Gr 669659000
QAF 182-39-0481 Gr 669659000
R,c+rmar R1 n I-1 ?? _G
QAF 182-39-0481 Gr 669659000
* H=Husband; W=Wife; J=Joint; C=Child
1SCULAR ASSOCIATES Pay roll Voucher Voluntary Adjustments
6 McKean, Robert C. W4: M-00 PA: M-00 182.30.0481 Type Amt. To Date
Pay Y: 0S /2001 Pay Period
r
d From: 07/15/ 7 01 To• 7/1S8/2001
Ded&Wki I1
1 o
a
Dept. Reg OT _
Tax
Amt.
YTD Post-Aflac 18.00 288.00
P
-Afl
re
ac 8.08 129.28
mere $1069.04 40.00 0.00 FICA SS 132.06 2084.40
FICA MC 30.89 487.52
Federal 307.62 4820.11
State 59.64 941.28
Earnings Local 21.38 337.52
Type Amount
lary 1069.04 TYpeMemO Amt. r'r M`hn"?ty ?? m 1v.•?e
l!H!rl"
=
r
.
t
a4
cation 40.00 1069.04 Allw Sick:117.00 Taken:16.00 Ba1:101.00
AIN Vac.:160.00 Taken:80.00 aa1:80.00
lusted Gross 2130.00 33618.48
1560.41 •r •?
IP-01
WMA JJ <'a. `Yi I$"Yp T
' t l @0 ?4C?WAiy?' ea ?H E ip i hf',?a"3,7 tl .
1 Ip M, tl w
ASSOCIATES r ?a,,'J 4 aI R?ECT DS?OSIT. $ 1560.-41 TC ma?tppso ,, ,Y Effective Datie Q d ..
?• t
A+ 14 61M ??,y'[•
f ? F * x/.
Z"N V, yY? ty ¢d• y, jp n yts by Accou t F *" -----------
Y
l].?R"YYIl
???yyy { 0?r'i.'L\ ^c•" ^f t
xTS' t5b? CN McKean s` 1, 1`E °, "N' ltIRyes
$nola,'' P Spq,?p6r1ik ° , *+ NOT NEG01;LrT1*Wr'
W w }(!':1????'IIW YYA pp???1Trr 4 '.
' R oao Department of the Treasury - letemei Revenue eerNu
M U.S. Individual Income Tax Return 2000
L
b
l For the ear Jan.l- Dec. 31, 20013, or other tea e.....lmmrg
a
e Vour lint name an0.nn... Last name
(sea
Instructions
L
ROBERT C. MCKEAN
on page 18.) 6 Ilafoint return, spouse's first name and miliel Lutname
Use the IRS L HOLLY J. MCKEAN
Val
Otherwise N Ho me ad dress (number and street). I f you have a P.O.
hoe, see papa te.
,
please print
or type n
E 130 TORY CIRCLE
. City, town or post office, state, and 21p code. If you have a foreign address, see page
presidential l_.1
Election campaign
(seepage to.)
Filing Status
Check only
one box.
Exemptions
If more than sls
dependents,
see page 20.
182-38-
o
A IMPORTANTI A
You must enter
your SSN(s) above.
16 Note. Checking "Yes" will not change your tax or reduce your refund. You Spouse
f or Do ou, or ourspouse it filing a joint return, want $3113 oto this fund? ..................... ..?Qve. 01,1o ?v..®k
1 Single
2 X Married filing joint return (even If only one had income)
3 Married filing separate return. Enter spouse's soc. sec. no. above S, full neme here ?
4 Head of household (with qualifying person). (See page 19.) It the qualifying person is a child but not your dependent,
enter this child's name here 1.
5 Qualifying widow er with dependent child earspouse died ? See page 19.
6a N Yourself. If your parent (or someone else) can claim you as a dependent on his or her tax
return, do not check box 6a .................................................
to ® Spouse ................................ No. otboxaa
........................................ } eh;.k.d.
Ne
c Dependents: ared o
(2) Depentln social p) 0 Indent'. N)Chki Eying No. Pf our
(1)Fint Name Last name security number relation . III. o chtld forr.h chil ld tea cM1Udren on
ship y a ou
ERIN E. MCKEAN
198-70-1977
DAUGHTER uedlt(see peg. 20) 9cwho,
DANIEL C. MCKEAN
204-72-5004
SON X elived
X edid III
you due
arsenal
(see pap
De
end
p
an ec no
entered
d Total number of exemptions claimed
7 Wages, salaries, tips, etc. Attach Form(s) W-2 ............
Income
8a .......................... .
Taxable interest. Attach Schedule B If required ............ .
....................
III, .....
Tax-exempt Interest. Do not include on line 8a ......... , 1 Bb
Attach 9 Ordinary dividends. Attach Schedule B if required .......
Farmsw-tend
111i here.
10 ................ .
••.........
Taxable refunds, credits, or offsets of state and local income taxes (see page 22) .........
Ales afhch
Farm 1089-11 if
11 ...
Alimony received .................................
.. .......... ............. ...
taxwaawdthh rld. 12 Business Income or (loss). Attach Schedule C or C-E2 .............................
13 ...
Capital gain or (loss). Attach Schedule D if required. If not required, check here ? ? ....... .
14 Other gains or (losses). Attach Form 4797 ........................................
ISIS
Total IRA distributions......
I
i5a
i
d . .
b Taxable amount (see Pg. 23)
16a Total pensions and annuities
16a
b Taxable amount (se. pg. 23)
If you did not 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E
pet a W-2,
see a W- 214
page
I8 .......
Farm Income or (loss). Attach Schedule F .....................................
Enclose, but do not 19 .... .
Unemployment compensation ........................
....... .......
attac pleany a., use payment.
AI.o, lease
29a .. .... .......
Social security benefits..... 120a
b Taxable amount (se. Pa 25)
Fares 10I0.V. 21 other income. See Statement 1
22 Add the amounts in the far right column for lines 7 throw h 21
1hisi s r total Income .....p.
23 IRA deduction (see page 27) .........................
Adjusted . 24 Student loan interest deduction (see page 27) ............
Gross 25 Medical savings account deduction. Attach Form 8853......
Income 26 Moving expenses. Attach Form 3903 .................. .
27 One-half of self-employmen t tax. Attach Schedule SE..... f
28 Self-employed health insurance deduction (see page 29) ..
29 Sell-employed SEP, SIMPLE, and qualified plans ......
30 Penalty on early withdrawal of savings ..................
31a Alimony paid. b Recipient's SSN ?
32 Add lines 23 through 31 a ........................................
33 ...............
Subtract line 32 from line 22. This is our adjusted gross Income ..... ..................I
KFA For Disclosure, Privacy Act, and Paperwork Reduction Act NoBce, see page 56. IFOUSI i tyorioo
2
with you 2
I live with
to divorce
Non
,20)
his
hove
90
4
32 0
33 105,075
Form 1040 (2000)
34 Amount from line 33 (adjusted gross income) .
Tax and
35a Check il: ? You were 65 or older, ? Blind; ? Spouse was 65 or older, ? Blind.
Creaks Add the number of boxes checked above and enter the Iola) horn ? 35a
_
le If you are mandod filing separately and your spouse itemizes detlurtions, or you worn
sunaud
I
Deduction a dual-status alion. see pace 31 and check here.. ? 35b ?
to, Most 36 Enter your itemized deductions from Schedule A, line 28, or standard deduction
People shown on the tell. But Soo page 31 to find your standard deduction tf you chocked
single: any box on line 35a or 35b or if someone can claim you as a dependent . .
1
a
37
.... ...... ... .... .. ...... ..... .. ...
Subtract line 36 from line 34
He
d of
hour
ouenoid ? 38 If line 34 is $96,700 or loss, multiply $2,800 by the total number of exemptions clelrtldtl on line 6tl
s9,45n II line 34 is over $96,700, sea the worksheet on pace 32 for the amount to enter..
Marred hill, 39 Taxable Income. Subtract line 38 from line 37. 1
.... ....
oi nil
yar
.,duly.,) 40 Il line ]9 i5 more teen anti 31.nnter-3- I
Check 4 any tax is from a ? Forri 8814 It ? Form 4972.
Tax (see page 32)
$7.350 41 .
Alternative minimum tax. Attach Form 6251 ... .. ...... ......
Mernad 42
Who
separately 43 Add lines 40 and 41 .... ........ ...... ..... ....... ?
Foreign tax credit. Attach Form 111611 reryuired ................ 43
11,er9. 94 Credit for child and dependent care ox onses. Ah. Form 2441 44
45 Credit for the elderly or the dicabled. Attach Schedule R ...... ..
46 Education credits. Attach Form 8863 ... ........ ...........
47
Child tax credit (see page 36) ............................... 1 0 0 0
iL
48
on credit. Attach Form 8839 . ... ............
Adopti
49 Other. Check it from a ? Form 3800 b ? Form 8396
c ? Form 8801 d ? Form (specify)___
50 Add lines 43 through 49. These are your total credits ................. ....................
51 Subtract line 50 from line 42. If lino 50 is =to than line 42, enter -0- ........................ ?
52 Solt-employmont tax. Art. Son. SE .................................. ...................
e 53 Social security and Medicare tax on tip income not reported .0 employer. Attach Form 4137 .........
Tax
Taxes s
54
Tax on IRAs, other retirement plans, and MSAs. Attach Form 5329 if required .....................
SS Advance earned income credit payments from Form(s) W-2 ................................. .
56 Household employment taxes Attach Schedule H ............. .............. .......... .
57
Payments 58 Add lines 51 through 56. This is your total tax .. . ........................................Or
Federal income tax withheld from Forms W-2 and 1099 .......... 58 16, 045
59
-? 2000 estimated tax payments and amount applied from 1999 return . 559
a
-
d you they. a 60a Earned Income credit (EIC) ............................... 60
9ualllyinp
cnne,auaon Ir b Nontaxable earned Income: amt. ? 1 _
Schedule Etc.J No
and type?
61 Excess social security and RRTA tax withhold (sea ease sal ......... 61
62 Additional child tax credit. Attach Form 88t2 ................. 62
63 Amount paid with request for extension to file (nee page sot. ...... 63
64 Other payments. Check if from a ? Form 2439 b ? Form 4136.. 64
65 Add lines 58, 59, hoe and 61 through 64 These are your total payments ......................me
66 If line 65 is more than line 57, subtract line 57 from line 65 This is the amount you overpaid .........
Refund
67a Amount of line 66 you want refunded to you ....................... ..?
Rover
directly
deposited!
depoed!
_ ---
? Checking Savings
c Typo:
?
b
see peas so
d f
ll
n
1b .
-
er _
b Rousing num
i
i
d
an
and.and nd 6
. clAccountnumbor
---
66 L
d t
L
68 _ _ _
ax
Amount of line 66 you wont applied to your 2001 estimate
69 tl lino 57 is more than line 65, subtract line 65 from line 57. This is the amount you owe.
Amount For details on how to nay, see page 57 .... .... .............................. ..?
182-38-0481 Page 2
341 105,0751
1
4
38
40
15,0
5
2
You Owe 170 I 1 1 70 Estimated lax )snotty AI th Include o mired 69
Under penal es of pmiury ideave that n,va rammed thmorn roll rr?comllr`y'hl act atlules and antemnnb mtl to the neat of Yk I d9 tlbelief, Th they are
Sign true currrtc, and corn. 011 nec,"M and P,eP,t,rl In I r, 11 11 r111 ) nn ed nn all rfnrn.,tdn of wh ch prep„er pas any Y now fault.
Here Y,.V Signaw,. natty your nec,paenn Davh,ne phone number
Joint return( TECHNICIAN 717-763-0510
See page 19. ---'-----.-_'-------"-- Ma the lq5 tlucusa this return
KaePa copy ' Spnuaes signa,ure. If apnnl relurr., hot nnnt..on, Uale 'pnu,esn¢upatmn a t he preparers hown below?
ID,yo,r 'T'ECHNICIAN (seepage 52)? CRY" ?Np
records.
De,r Mepa,ei s SSN or PTIN
P vacs ?eqL`l//'J
Paid gat e' W11TLIA R KAUTMAN, CPA JD f /,;_ / uemwnved ® 208-38-7696
IeIN 23-2871292
Preparer's F DeML anayPmeut Consultant _ _
-- ll
- Usor, s name "'y""
e Only rt e plo,edl 207 HOUSe Ave Su t to
far
addl.{:... Camp Hill PA 17011 2305 rrnnend. (717) 763-4580
ir0u51A 111.71110 Form 1040(2000)
SCHEDULES A&B MM"
(Form 1600) Schedule A - Itemlied D
Departmentof l he Treasury Deductions OMB No.1545-0074
internal n+venue service (99) 0' Attach t0 Fo - 2000
Name(a)ahewn on Form t040 1?D' ? See 1081rpCU0n9 for Schedules a and ea
Medical
and
Dental
Expenses
Taxes You
Paid
?• AND HOLLY J. MCKEAN
Caution, Do not include expenses reimbursed or-----
I others. paid 1 Medical and dental expenses see Page A-2
2 Enter amount from Form 1040( line 34 .... I) .2 , . , .... • .........
3 Multiply line 2 above by 7.5% (,075)...... -
4 Subtract line 3 from line I. If line 3 Is more than line 1, enter -0-
5 State antl local Income taxes . ,
6 Real estate taxes (see page A-2) ............... , , , . , .
...........
7 Personal roe ................ ...............
8 P P rty taxes ........
Other taxes. List type and amount ...............................
? See Statement-2- - - - - - - - - -
9 Add lines 5 Ihrou h 6.. , , , . , - - - - - -
f0 Home mortgage Interest and paints reported on Form 1098
11 Home mortgage interest notreported to ycuen Form logo. lipald to the parson from•
whom you bought the home,see Page A-3 d show thatpeoon•a name,lD no. dadtlraas
12 Points not reposed to you on Form 1098. See pg. A-3 ,
13 Investment interest. Attach Form 4952, it required.
(See page A-3.) ................................... ..........
14 Add lines 10 throw If 1
13........ .
ib ulfts by cash or check. It any gift of $250 or more, sea pg. q-q , , , . ,
16 Other than by cash or check. If any ift 1
You must attach Form 8283 if over $500' $250 or more, see page q-q,
17 Carryover from prior year ........ " " " 1(
.. ...................... .... .. 1i
a Add lines 75 through 17.... , , , , , ,
................................
19 Casualty or then loss(es). Attac
(See n h Form 4684,
_ (See Dann e_st
1
- m -
07
number
(see
PAPA-2.)
Interest
You Paid
(See
page A-3.)
Nob.
Personal
Interestie
Doduible.
Gifts to
Charity
If you made a
olftand got a
bcneet for it,
see Page A-4.
Casualty and
Job Expenses
and Most Other
Miscellaneous
Deductions
)see
page A-5 for
@Xpe "Bea to
deduct here.)
Other
Miscellaneous
Deductions
Total
Itemlied
Deductions
20 Unreimbursed employee expenses - j
ues, lob education
etc. You must attach Form 2106 or 21 Og tj
? . (See page A-5.)
- - - - - - - - - - - - - - - - - -
21 Tex Preparation fees... - - - - - 1?...
26
22 Other expenses investment, sale deposit t
ype and amount 21
- - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - -
23 Add lnes 20 through 22 - - 22
24 Enter amount from Form 1040, line 34 .......... 23
25 Multiply line 24 above by 2% .02) 26 Subtract line 25 from line 23. If line 25 is morn ne 23, enter -0-...... 25 ,
27 Other - from list on page A-6. List type and amount ?
s rurm 1040, line 34, over $128,950 (over $64,475 if married filing separately)?
® No. Your deduction is not limited. Add the amounts in the far right column
for lines 4 through 27. Also, enter this amount on Form 1040, line 36,
? Yes. Your deduction me be limited. See ?
^ ? •... raperMork Neductfon Act Notice, see Form 1040 trial tlI oa he A-6 for the amount to enter.
I1Olls2 III-1100
2
28 1 19
0
Schedule A (Form 1040) 2000
not enbr name and Social
Schedule B - Interest and Ordinary Dividends
Part I Note. If you had over $4001n taxable interest you must also completo Part III
Interest
1 List name of payer. II any interest is from a seller-financed mortgage and the buyer used the property
(see papa B-1 as a personal residence, see page B-1 and list this interest first. Also, show that buyer's social security
n the
inst ruetlsns for number and address is,
Form 1040, MEMBERS 1ST FCU -----------------
IlneBe.) - ----- _
MEMBERS _1ST FCU _ -------------- ' -----------
PNC _Am- BANK -------
------------
---------------------
-------------------
-------------
PNC BANK _ ------------------------
j
STATE FARM INSURANCE CO. Note. If You STATE FARM INSURANCE CO. - - - - - - - -
--------
recsivedaForm _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1099-INT, Form --------------
1099-011), or _____________
substitute - _ _ _ _ _ _ - - - - -
statement from
------------------ - - -
abrokerage firm, ---------------_____________--
Ilstthslirm's -------------- .
name 43 the ----------------------
payer andenter - _ _ _ _ - _ - - - - -
thetotalinterest --------------------__________--_
shown on that _____________ ______
__________
form. _ _ _ _ _ _ _ _ _ _ _ _ _ _ -
______________________________________-
_________________________________
2 Add the amounts on line I ......................................... ..__-_-_-----.
3 Excludable Interest on series EE and I U.S. savings bonds issued after 1989 from Form 8815, fine 14.
You must attach Form 8815 ..............
..... .. .. .......... ..
4 Su hlrnnt lino ° r.,..., u..., n r _. _ _ .. _ • . • . • • • . • • • • . • • . • .. .
..... .. .. .....?
Part If Note. If you had over $400 in ordinary dividends, you must also complete Part III.. . . . . . . . . . ...
Ordinary
Dividends 5 list name of payer. Include only ordinary dividends. If you received any capital gain distributions, see the
(see Pape a-t instructions for Form 1040, line 13. ?
andthe _________________
Instructions for HERSHEY FOODS - - - - - - - - - - - - - -
Form1040. _ __ ____________
fine 9.) _______________
________________________--_-__-______--_
________________________-__-______-__--_
__________________________--_-_-______--_-
Hote.Ifyou __ _____________________ _
receiveda Form _ _ _ _ _ _ _ _ _ _ _ _ _ -
--____________ __ - _ _-_-______ _ _ _
lo99-DIVor
substitute ----------------- _
statamentirom
a brokera9e ------------
firm, befits _ _ _ _ _ _ _ _ _ _ _ _ _ _
um'anameas _ _ _ _ _ _ _ _ _ _ _ _ _ _
the payer - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ . _ _ _ _ _ _ _ -
and enter
the ordinary
----------------
dvidend.shown _ - _ _ _ _ _ _ - _ _
on that loan. ----______-.
-38-
Attachment os
sequence No.
Part III
Foreign
Accounts
and
Trusts
(See
Pape 8-2.)
_-__-__________________-________
6 Add the amounts on line 5. Enter the total here and on Form 1040, line 9 ..... -
You must complete this part if you (a) had over $400 of Interest or ordi
(c) received a distribution from, or were a grantor of, or a transferor to
iary dividends; (b) had a foreign account; or
a foreign trust.
7a At any time during 2000, did you have an interest in or a signature or other authority over a financial account in a foreign
country, such as a bank account, securities account, or other financial account? See page B-2 for exceptions and tiling
requirements for Form TD F 90-22.1 ................................ .
....... .......... ..............
b 11 "Yes," enter the name of foreign country p. . . . . . . .
- - - _
9 During 2000, did you receive a distribution from, or were you the grantor of, or transferor to, a foreign trust?
11' Yes." you may hnva In ela r-
No
KFA For Paperwork Reduction Act Notice, see Form 1040 Instructions.
Schedule B(Form 1040)2000
IFOUS] 10/24100
Form 5329
Of the Treasury
enue Sarvlce
tax. (It married
Additional Taxes Attributable to IRAs,
Other Q
lifi
d R OMB No. 1545-0202
ua
e
etirement Plans, Annuities,
Modified Endowment Contracts, and MSAs
2000
(Under Sections 72, 539, 4973, and 4974 of the Internal Revenue Code)
? Attach to Form 1040. ? See separate Instructions. Attachment
Sa4uance No, 29
ROBERT C. McKEAN Namea f 182-38-0481
Fill in Your Address Only ddress lnumperand atreall, .1P.O. box,f mails not delwerad t° your home Apt. NO.
It You Are Filing This
Form by Itself and Not Oty. town or post oMco, stale. and ZIP Code
With Your It this is an emended
Tax Return return, check here ? ?
If you only owe the 10% tax on early distributions, you
may be able to report this tax directly on Farm 1040 without filing
Form 5329. See Who Must File on page 1 of the instructions.
Parl I Tax on Early Distributions
Complete this part if a taxable distribution was made from your qualified retirement plan (including an IRA other than an education IRA),
annuity contract, or modified endowment contract before you reached age 59 1/2. If you received a Form 1099-R that incorrectly indicates
an early distribution (with no known exception to the additional tax) or you received a Roth IRA distribution, you may also have to complete
this part. See page 2 of the instructions.
Note: You must Include the taxable amount of the distribution on Form 1040, line 15b or 16b.
1 Early distributions Included in gross income. For Roth IRA distributions, see page 2 of the instructions ........ ... 1 13 704
2 Early distributions not subject to additional tax. Enter the appropriate exception number from page 2 01
the instructions: ........................................ ....................
...
2
3 Amount subject to additional tax. Subtract line 2 from line 1 ......................................... ... 3 13,704
4 Tax due. Enter 10% (.10) of line 3. Also include this amount on Form 1040, line 54 ....................... ... 4 1 3 70
Caution: If any part of the amount on line 3 was a distribution from a SIMPLE retirement plan, you
may have to include 25% of that amount on line 4Instead of 10%. See page 3 of the instructions.
Part it + Tax on Certain Taxable Distributions From Education (Ed) IRAs
Complete this part if you had a taxable amount on Form 8606, line 30.
Note: You must Include the taxable amount of the distribution on Form 1040, line 15b.
5 Taxable distributions from your Ed IRAs, from Form 8606, line 30 ..................................... ... 5
6 Taxable distributions not subject to additional tax. See page 3 of the instructions ......................... ... 6
7 Amount subject to additional tax. Subtract line 6 from line 5 ......................................... ... 7
8 Tax due. Enter 101% .10 of line 7. Also include this amount on Form 1040, line 54 ....................... ... a
.Asti 111 > Tax on Excess contributions to Traditional IRAs
Complete this part if you contributed more to your traditional IRAs for 2000 than is allowable or you had an excess contribution on
line 16 of your 1999 Form 5329.
9 Enter your excess contributions from line 16 of your 1999 Form 5329. If zero, go to line 15 ................. ... 9
10 If your traditional IRA contributions for 2000 are less than your maximum
allowable contribution, see page 3. Otherwise, enter -0- ..... .............
f0
11 Taxable 2000 distributions from your traditional IRAs ....................... 11
12 2000 withdrawals of prior year excess contributions included on line 9.
See page 3 ......................................................
12
:.
13 Add lines 10, 11, and 12 ..................................................................... .. 13
14 Prior year excess contributions. Subtract line 13 from line 9. If zero or less, enter -0- ...................... .. 14
15 Excess contributions for 2000. See page 3, Do not include this amount on Form 1040, line 23 ................ .. 15
16 Total excess contributions. Add lines 14 and 15 ................................................... .. 16
17 Tax due. Enter 6% (.06) of the smaller of line 16 or the value of your traditional IRAs on December 31, 2000
(including contributions for 2000 made in 2001. Also include this amount on Form 1040, line 54 ..............
..
17
For Paperwork Reduction Act Notice, see page 4 of separate Instructions.
KFA Form 5329 (20001
FOUS31 12101100
PLEASE 0000114157
DO NOT USE YOUR
LABEL
2000 PA-40 L
Page 1 of 2
182-38-0481 MC 182-40-9408 EX 0 R
MCKEAN ROBERT C A 0 RS
FS J
HOLLY J FY 0
130 TORY CIRCLE SC 21250
ENOLA PA 17025 PN 717-7 63-0510
1A 94446.00 1B •00 1C 94446.00
2 351.00 3 4.00 4 ,00
5 •00 6 .00 7 ,00
8 •00 9 94801.00 10 .00
11 94801.00 12 2654.00
---------------------------------
--------------
Please fold page along this line
Local Information. Enter where you lived as of 12/31/00.
School District: EAST PENNSBORO
School Code: 21250
County: CUMBERLAND
Municipality: EAST PENNSBORO TWP
Residency Status. (Check the correct box)
R X Resident
NR Nonresident
P Part-Year Resident
From:
To:
Extension, check this box.
Amended Return, check this box.
Fiscal Year Filer, check this box.
Type Filer. (Check only one box)
S Single
J X Married, Filing Jointly
M Married, Filing Separately
F Final
D Deceased
Date of death
to Gross compensation, from PA Schedule W-2S, or your Forms W-2 or other statements ..........
lb Unrelmbursed employee business expenses, from PA Schedule UE ..........................
tc Net compensation. Subtract line 1b from line 1a .........................................
2 Interest Income. Complete and enclose PA Schedule A it over $2,500 ........................
3 Dividend income. Complete and enclose PA Schedule B if over $2,500 .......................
4 Net Income or loss from the operation of business, profession, or farm ........................
5 Net gain or loss from the sale, exchange, or disposition of property ..........................
6 Nei income or loss from rents, royalties, patents, or copyrights ..............................
7 Estate or trust income. Complete and enclose PA Schedule J ...............................
1a
1b
1c
2
3
4
5
6
7
94,446.00
.00
94,446.00
351 .00
4 .00
.00
.00
.00
.00
.00
8 Gambling and lottery winnings ....................................................... 8
9 Total Pennsylvania taxable Income. Add only the positive income amounts from lines 1c, 2, 3,
4, S. 6, 7, and 8, Do not add any losses reported on tins 4, 5, or 6 .......................... 9
10 Contributions to Your Medical Savings Account. See the instructions ..................... 1o
11 Adjusted Pennsylvania taxable Income. Subtract line 10 from line 9 ....................... 11
12 Pennsylvania tax liability. Multiply line 11 by 2.8% (0.028). Also enter on line 13, page 2....... 12
PAIA0412L MIMI
EC PC
L 0000114157 m
94,801.00
.00
94,801.00
2,654 .00
FBI
0000114157 J
0000214155 2000 PA-40
Page 2 of 2
MCKEAN ROBERT C 182-38-0481
13 2654.00 14 2644.00 15 •00
16 •00 17 .00 18 •00
19 •00 20A 20B
21 .00 22 .00 23 •00
24 •00 25 .00 26 •00
27 •00 28 2644.00 29 10.00
30 •00 31 .00 32 .00
33 •00 34 •00 35 •00
36 .00 37 •00
13 Total Pennsylvania tax liability.
Enter your tax liability from line 12 on page 1 ............................................ 13 2,654.00
14 Total Pennsylvania tax with held, from W-2, PA Schedule W-2S,oryour Forms W-2, or other stalements.......... 14 2,644.00
15 Credit from your 1999 Pennsylvania Income Tax Return....... 15 . 00
16 2000 estimated installment payments ..................... 16 . 00
17 2000 extension payment ............................... 17 .00
16 Nonresident tax withheld on your PA Schedule(s) NRK-1 ..... 16 . 00
19 Total estimated payments and credits. Add lines 15, 16, 17, and 16 ........................ 19 .00
Tax Forgiveness Credit. Complete lines 20a, 20b, 21, and 22. Read instructions.
20a Filing Status: Unmarried or separated Married Deceased .................... 20a
lob Dependents, Part B, line 2, PA Schedule SP ........................................... 20b
21 Total eligibility Income. Part C, line 11, PA Schedule SP ................................... 21 .00
22 Tax Forgiveness Credit from Pan D, line 16, PA Schedule SP ............................... 22 .00
23 Total credit for taxes paid to other states or countries. Enclose your PA Schedule G or RK-1....... 23 . 00
24 Pennsylvania Employment incentive Payment. Credit. Ericlom you, PA Schedule W,RK-1 or NRK-1 ............. 24 .00
25 Pennsylvania Jabs Creation Tax Credit. from enclosed certifica!e or PA Schedule RK-1 atNRK-1 ............... 25 .00
26 Pennsylvanla Waste Tire Recycling Investment Tax Credit, from enclosed certificate or
PA Schedule RK-1 or NRK-1 ....................................................... 26 .00
27 Pennsylvania Research and Development Tax Credit, from enclosed certificate
or PA Schedule RK-1 or NRK-1 ..................................................... 27 . 00
26 Total Payments and Credits. Add lines 14,19 and 22 through 27 .......................... 26 2 , 644 . 00
29 Tax Due. If line 13 Is more than line 26, enter the difference here ......................... 29 10 . 00
30 Overpayment If line 26 is more than line 13, enter the difference here ..................... 30 . 00
31 Refund - amount of fine 30 you went as a check mailed to you ................... Refund 31 . 00
32 Credit - amount of line 30 you want as a credit to your 2001 estimated tax account .......... 32 . 00
33 Donation - amount of line 30 you want to donate to the Wild Resource Conservation Fund .... 33 . 00
34 Donation - amount of line 30 you want to donate to the U.S. Olymple Commlttee, PA Division .. 34 .00
35 Donation - amount of line 30 you want to donate to the Organ Donor Awareness Trust Fund .. 35 . 00
36 Donation - amount of line 30 you want to donate to the KoreaNletnam Memorial, Inc ........ 36 . 00
37 Donation - amount of line 30 you want to donate to Breast and Cervical Cancer Research .... 37 . 00
The total of lines 31 through 37 must equal line 30.
Under penalties o1 paeury, I (we) declare that I (we) have examined this return, including all accompanying schedules and statements, and to the best of my four) belief they
arO lrYe Garrett detl aamplete.
Your Signature Date your occupation
TECHNICIAN
Spouse's Signature if Filing Jointly Data Spouse's occupation TECHNICIAN
Raparerar Company Name, Other than Taxpayer(s)
Prepareror Company Name (please print) Date Telephone Number
208-38-7696
WILLIAM R. KAUFMAN, CPA, JD (717) 763-4580
Signature of the Prep area lop I /I r
/
PAIA0412L bvvfal
0000214155 0000214155 1
WAGE STATEMENT 0001214154
SUMMARY
PA Schedule Vi (09100)
PADEPARTMENTOFRevENDE 2000
OFFICIAL USE ONLY
Name(s) as shown on your PA tax return: Social Security Number:
ROBERT C. AND HOLLY J. MCKEAN 182-38-0481
Instructions. Instead of submitting your Form(s) W-2, or photocopies, you may write the necessary information below. Keep your original Forms W-2.
Important. Your PA compensation maybe different from your federal wages. Caution. If you believe that a PA amount on your Form W-2 Is incorrect,
you must submit your actual Form W-2 with a wrinen explanation from your employer. You must submit other statements for amounts you are reporting
reporting as compensation on your PA tax return.
Information From Each Form W-2. If you need more space, you may photocopy this schedule or prepare your own
Number of Pn.1.1 W-0 I schedule in this format.
(8 (b) (C) Include the total on Line to (d) Include the total on Line 14
Employer Identification Number
from box B Federal wages from
box 1 PA taxable compensation
from box 17 PA tax withheld
from box 18
1. 25 1728668 $ 55,653 S 55,653 S 1,558
2. 23 !'-?d 1512747 $ 34,758 $ 38,793 S 1,086
3. $ $ $
a. s $ $
6. - S S S
6. $ $ $
7. $ $ $
e. s s $
s. a s s
10. S S S
If. $ $ $
12. $ $ $
13. - S S S
14. $ $ $
16. $ $ S
16. $ $ S
17. S S $
2. b44
a Do not include
local income
tax withheld in
column (d).
a Do not include
talc withheld to
anuther state or
country In
column (d).
Cauton. The
Department
reserves the
right to require
your actual
Form(s) W-2.
1 0001214154 IFOPA9 01117101 0001214154 1
on Farm 1040. Da not enter name and sa[le] security number it shown an
--- - 187.-38-0481
Schedule B - Interest and Ordinary Dividends Atlechmenl
08
Sequence Na.
Part I Note. If you had over $400 in taxable interest, you must also complete Pan III.
Interest Amount
1 Ust name of payer. if any interest is from a seller-financed mortgage and the buyer used the property
(See
and these 11-1
d th as a personal residence, see page B-1 and list this interest first. Also, show that buyer's social security
In
ions for number and address me
_ _ _ _ _ _ _
Form 1040, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ _ _ _ _ _ _
MEMBERS 1ST FCU _ -
line ea.) _ _
MEMBERS
15T FCU ------------- ' --
--
15
_
PNC BANK ------ -- 65
------------------------------------------
PNC BANK -- 2
_
STATE
FARM
70
270
Note It
you _
STATE FARM INSURANCE CO
-
------
-- 127
.
-___ 144
1099-INT,
Form __ -_
1089-010
or
-_-______ _ _____________ _ _ _ ________ _ _-
substitute -___---------
statement from ------------
li brokerage firm, - _ _ _ _ _ _ - _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -
at the firm's - _ _ _ _ _ _ _ _
name as the
payer and enter
the total interest - - - - - - -
shown on that - _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _
form. _
_ _ _
------
--
- - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
2 -_________________________________________
Add the amountson line 1 . __
............................................................. .... 2 856
3 Excludable interest on series EE and I U.S. savings bonds issued after 1999 from Form 8815
li
,
ne 14.
You must attach Form 8815 ......
4 .........................
S
bt
u
ract line 3 from line 2. Enter the result here and on Form 1040
line 8a
,
.........................
Part II Note. If you had over $400 in ordinary dividends, you must also complete Part III ..11 4 856
O .
rdinary
Dividends ount
5 Ust name of payer. Include only ordinary dividends. If you received any capital gain distributions
t
h
(sea page a-1
, see
e
Instructions for Form 1040, line 13. ?
and the
instructions for _ _ _ _ _ _ _ _ _ _
HERSHEY
FOODS -- - --------
Form 1040. _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 4
line 9.) ___________________________________ -
-________________________________________
-__________
______________________________
_______________________-__________--_-___ 1
Note. If you -_______-___________________________
received a Form ________________
1099-DIV or ___------------------
----
substitute _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ - _ _ _ _ _ _ _ _ - _ -
statement from _ _
-
a brokerage
firm, list the --_-_____------
th
name as
ep
the payer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ - _ _ _
and enter
the ordinary - _ - _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _
dividends shown -______--------
on that form -------- ------------ _
- - - - - -
-
.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
0 _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -. - _ - _ _ _ _ _
Add the amounts online 5 Enter the t
t
l h
d _
o
a
ere an
on Form 1040, line 9 ........................... .0. 8 4
Part III
Foreign
Accounts
and
Trusts
(aee
Page B-2.)
You must complete this pan if you (a) had over $400 of interest or ordinary dividends; (b) had a foreign account; or
(c) received a distribution from, or were a grantor of, or a transferor to, a foreign trust.
7a At any time during 2000, did you have an interest in or a signature or other authority over a financial account in a foreign
country, such as a bank account, securities account, or other financial account? See page 8-2 for exceptions and filing
requirements for Form TD F 90-22.1 ........................................................................
Id If'Yes;' enter the name of foreign country ?
No
8 During 2000, did you receive a distribution from, or were you the grantor of, or transferor to, a foreign trust?
_ If'Yes;' you may have to file Form 3520 See page B-2 , , , , , , , ,,, , , , X
KFA For Paperwork Reduction Act Notice, see Form 1040 Instructions. Schedule B (Form 1040) 2000
IFOUS3 10/24/00
"r
_ I
e Control nwnpor I Wades, eps, roper col
55652.76
UMB NU. 1545-0081 2 Sa m, set we9es
r_- _ 1
T2 Fedarnl mmme tun wlmn tl
8098.76
0 5oc1n1 securely lax wnM1M1Oltl
tax
c Employer's name, assn ess anc 21P cutle
VASCULAR ASSOCIATES
800 Poplar Church Road
Camp Hill, PA 17011
b Emp Y7y Idenirbcnllon nuance, d Employee's social aecunry number
25-17286 182-38 -0481
Scam) setcunly tape 8 Allncoled lips 9 Ae rime MG payment
18 Depentlenl cam beno8ts I I Nomint'llleb plans 12 Benalile Included in BDa 1
a Employee's name. atldmes aril SIP coop ro° rnromr,wn ra en
Robe
rt C. McKean
210 Senate Ave. Apt. 216 K;
Cam Hill, PA 17011
•M YW
WN =`tcxx
IW b
,M"r,
125-37.36
1
.? OPT
10.00
16 6tnle Empbye's able I.D. No 12 Sao wags. see, •Ic
2000 PA- .25.1728668. _ _ _ 55652.76._
Welts and Text
M-2 W-2 18 9are unaew lu 19 harry.
9letemml
Copy C Foi _ -1558,23.----
-
.. Camp Hill_
EMPLOYEE'S RECORDS 29 trcol weals. Wn ac. 21 Lma I.. ros
(Sae Notice to Employee on - ,55790.12 55y .?0
back of Copy B.)
----
----
Dep .s s In.
rmmury-Inle,ml Hownue yrvui
-..,,yam
W-2 EARNINGS (Allacb W@'q I
EMPLOYEE BUSINESS EXPENSES(AUCh SMl9 Schedule UE- I and Repaired Al:nchmmea) 2
TAXABLE W-2 EARNINGS ISublrnct Une 2 it. Line 1)
OTHER TAXABLE EARNED INCOME (No Interest. Dividends or Uneroprtyntenl Benefits. Attach 3uppnrlln9 Documanls) 4
TOTAL TAXABLE EARNED INCOME BEFORE NET PROFITS ILasms) FROM SELF EMPLO'(MENT 5
(AW Lines 3 and 4)
NET LOSS FROM SELF-EMPLOYED BUSINESS, PROFESSION. OR FARM. e
(Use Line BforanYNeFro01s) (A9ach Appropriale IRS Schedules)
SUBTOTAL (SWracl Une 6 Nam Lee 5) IF LESS THAN ZERO. ENTER 2ER0 )
NET PROFIT FROM SELF-EMPLOYED BUSINESS. PROFESSION. OR FARM. ......... ...... ......... .. __.. B.
(Use Uneatorany Net Lane.) (Altaeh Apprapdate IRS Schedules)
TOTAL TAXABLE EARNED INCOME AND NET PROFITS (Add Lino T and 6)
TAX LIABILITY 1% OF LINE 9 (Multiply Um 3 by.01) ............................ 10.
CREDITS: A. ENTER TOTAL I% TAX WITHHELD BY EMPLOYER
B, ENTER QUARTERLY PAYMENTS MADE TO THIS BUREAU
1.
IF UNE HC IS LARGER THAN LINE 10, ENTER REFUND DUE HERE. ........... _... ........ ____ ...,.,..... 12.
(If Use than $1.00. Enter Zero)
IF LINE 1015 UABGER THAN UNE I IC. PAY UNPAID BALANCE BY APRIL IS 13.
(It Ins Oran St 00, Enter Zero)
ADD INTEREST AND PENALTY OF I% PER MONTH OF UNE 13 AFTER APRIL IS... ...............___...__..., 14.
PAY BALANCE DUE WON THIS RETURN (Lire 13 plus Line 14) 15.
t MIAL SECURJW N0. CDOE TAXPAYER'S COPY ?2000 FINAL RETURN FOR EARNED INCOMET9
WESTAB FORM 531 (REV. 11100) 1% AMOUNT
oLmn OIDN'ATEIINTIDUNEAAd OF.
•?• ''., ,,.5au '-i OMB No. 16454M
r 1 Wages, tlq, other wnpamaUon '2 Federal Income tax wlthhaW
?:' ,?..,r•• -;:; sea„.,??t
a Social Wurlty wages 4 Social security taut Id I
10791 'a'v C.
f U Medicare wages and UPat a Medicare tax withheld
4 ye'.? i 7 Sodw security tips - ' a Allocated Upe
t; a Advanee EIC PeYmant to Dependent care benafxs
11 Nonqualllled plans 12'-13eneUta Included In box 1
i p ?Y f
r 12 U Other
fAT
67
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l.apl V40" tee .
??3:'3 . !ttG?;fd.e^^.£? Cuntti'e'r a»A9.eSCi '403 ;9'.
• I e I)epaMtant of the Tre?eury-Intemal'Revenue Servlee
e
200Q
i S", CRY. or locax Return
W Z
of is ,
,
1 1?
> IY
.fir. eft
i Y
HOLLY.I. MCKIAN IN THE COURT OF COMMON PLEAS
Plaintiff COMERLAND COUNTY. PENNA.
V. CIVIL. ACTION -LAW
NO. 99-4925
ROBERT C. MCKEAN
Defendant IN DIVORCE
Certificate of Service
1, Timothy .I. O'Connell, hereby certify that I served a true and correct copy of the
foregoing by depositing same in the U.S. mail, first class postage prepaid, addressed as
follows:
Debra Denison Cantor, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011-4642
Date: tL6/2
imothy J. O'Connell
HOLLY J. MCKEAN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND CO., PENNSYLVANIA
NO. 99-4925
ROBERT C. MCKEAN, CIVIL ACTION - LAW
Defendant IN DIVORCE/CUSTODY
INCOME AND EXPENSE STATEMENT OF
HOLLY MCKEAN
INCOME
Employer: Holy Spirit Hospital
Address: 502 North 21" Street, Camp Hill PA 17011
Type of Work: _ X-Ray Technologist
Pay Period (weekly, biweekly, etc.): biweekly
Gross Pay per Period: 2000 W-2 attached
Itemized Payroll Deductions
Federal Withholding
Social Security
Local Wage Tax
State Income Tax
Retirement
Savings Bonds
Credit Union
Life Insurance
Health Insurance
Other (specify)
Net Pay per Period:
* Income varies per pay period based on hours.
Other Income:
WEEK MONTH
Interest
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Account
Gifts
Unemployment
Comp.
Worker's Comp.
Child Support
Total
TOTALINCOME
EXPENSES WEEK
Home
Mortgage/rent
Maintenance
Utilities
Electric
Gas
Oil
$ 850.00
MONTH
$ 871.00
$ 100.00
$ 218.00
YEAR
YEAR
I
2
EXPENSES
Telephone
Water
Sewer
Employment
Public
Transportation
Lunch
Taxes
Real Estate
Personal
Property
Income
Insurance
Homeowners
Automobile
Life
Accident
Health
Other
Automobile
Payments
Fuel
Repairs
WEEK
MONTH
$ 126.00
$ 22.00
$140.00
$260.00
$37.00
$ 25.00
$ 58.00
$ 64.00
$130.00
$ 300.00
$100.00
$ 42.00
3
YEAR
EXPENSES
Medical
Doctor
Dentist
Orthodontist
Hospital
Medicine
Special Needs
(glasses,
braces,
orthopedic
devices)
Education
Private School
Parochial
School
College
Religious
Personal
Clothing
Food
Barber/hairdresser
Credit Payments
Credit cards
Charge
Account
WEEK
MONTH
$ 13.00
$ 13.00
$ 20.00
Glasses -
$17.00
$ 150.00
$ 350.00
$30.00
$ 340.00
YEAR
4
EXPENSES WEEK MONTH
Memberships $ 13.00
Loans Members I" -
$225.00
Credit Union
Miscellaneous
Household $ 86.00
Child care
Papers/books $ 17.00
/magazines
Entertainment $ 200.00
Pay TV $ 34.00
Vacation
Gifts
Legal fees
Charitable $ 33.00
contributions
Other child support
Alimony payments
Other
Total Expenses $ 0.00 4,034.00
YEAR
2M
5
a Conir?nun7 ,
• ,.i)1 t:10 OMB No. 1515-0008 t
• It Employer Identification number 1 Wages, tips, esw 2 Foderal it nre tax wahhew
23-15127-47
• 34756 39 % 4246 4
e Employer's name, adNma, and ZIP catle 3 Social security urges .4 Soclo awtly fez
HOLY SPIRIT HOSPITAL 38793 .39 2405.19
50:3 Morth 21st Street a Madleare wages and Ups a Medicare tax W-Wlhp
36793 .39 ^'62:80
Camp Hill PA 17011 7 Sogy aewdly Ups - a Allocated Up
d Employae'a social seeudty number 8 Advanea EIC payment 10 Dependent pre benlla
182..40-9402
e Employee's name, address, and ZIP code 11 Nonqualined pl9ra 12 Beretta kwiluded in box 1
HOLLY J. MCKEAN _
13 See intro for box 13 ; 14 Other
74 WOBUPN ABBEY AVENUE J 4035.00 &NTE 26,4.8'3
MED' : I
•_AMP PA., 17011 .
. ? LTE'.. -67
, ..
5 Sueaaad Pen loo tepa . .. BderM.
X r". he'son
19 Sate . Employees sate I.D. no. 17 We sages, bps ft 18 Sate irc" ; 19 Locality cane 20 Iasi axgeA VA ale. 21 lxd Yxaw tee
1922i`4
T
3a7S=.'i9
!^rh
r^?
r'uin>?r
44349 6F+
4J3:'81
W //? Wage and Tax 0 O O Department of the Treasury-Internal Revenue tiervic
¦Y This information is being fumished to thwintemal Revenue SOMM N you
Statement are required to file a tax return, a negligence penalty or other sanction m:
Coy' C For EMPLOYEES RECORDS (Sw Notice to 8 Ootea an beck d Copy 9,) be Imposed on you B this Invame is taxable and you fail to report U.
r
?. > >_
_ ?.
,' ;
,,
;
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s: _ ,?
n.
,. U
HOLLY J. MCKEAN,
Plaintiff
Vs.
ROBERT C. MCKEAN,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-9925 CIVIL TERM
)
CIVIL ACTION - LAW
CUSTODY/VISITATION
ORDE
AND NOW, this S day of 1999,
upon review of the Conciliator's Report, it appearing that the
Mother and her counsel appeared at the conciliation and neither the
Father, or counsel for the Father appeared, although the Father was
served with notice of the conciliation, it is hereby ordered and
directed as follows:
1. The parties shall share legal custody of their minor
children; Erin McKean, d.o.b. July 29, 1989 and Daniel
McKean, d.o.b. July 27, 1991.
2. Mother shall have primary physical custody of the minor
children subject to periods of partial custody and
visitation as the parties may agree.
Theresa Barrett Male, Esquire
Attorney for Plaintiff
Robert C. McKean, pro se
BY THE COUR
J.
mlb
..?.? _?
i _,
HOLLY J. McKEAN,
Plaintiff
VS.
ROBERT C. McKEAN,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-4925 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY/VISITATION
JUDGE PREVIOUSLY ASSIGNED: None.
CUSTODY CON IAZATTnN CDNFanMCE SMuMgY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The pertinent information concerning the children who are
the subject of this litigation is as follows:
E&L 1IRTHDATE CURRENTLY IN
CUSTODY OF
Erin McKean July 29, 1989 Plaintiff
Daniel McKean July 27, 1991 Plaintiff
2. A Conciliation Conference was held on October 14, 1999,
and the following individuals were present: the Plaintiff and her
attorney, Theresa Barrett Male, Esquire; the Defendant did not
appear.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
5. The Plaintiff's position on custody is as follows: See
attached Order.
6. The Defendant's position on custody is as follows: See
attached Order.
7. Need for separate counsel to represent children: Neither
party requested.
8. Need for independent psychological evaluation or
counseling: None requested and the Conciliator does not believe
any is necessary.
Date: November 2, 1999
Michael L. Bangs
Custody Conciliator
NOV
TURNER AND O'CONNELL
ATIORNEYS AT LAW
4415 NORTH FRONT STREET
HARRISBURG, PA 17110
JAMES H. TURNER
TIMOTHY J. O'CONNELL
June 4, 2002
Attn: Traci Jo Colyer
E. Robert Elicker. 11. Esquire
Office of Divorce Master
Court of Common Pleas
Cumberland County
9 North Hanover Street
Carlisle, PA 17013
RE: McKean v. McKean
No. 00-4925 Civil
Dear Traci:
This will confirm our telephone conversation today in which I advised that Mr.
O'Connell had a trial begin on June 3 in Federal Court and requested that the Master
Hearing scheduled for 9:00 a.m., Thursday. June 6, be rescheduled.
If you have any questions, please do not hesitate to contact me. Thank you for
your cooperation on this matter.
Sincerely,
tacey A. Fog i e
Secretary Io Tmothy J. O nnell
TELEPHONE
717.232-4551
FAX
717.2322115
Cc: Debra Denison Cantor. Esquire
HOLLY J. McKEAN,
Plaintiff
V5.
ROBERT C. McKEAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 4925 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this day of
2002, the economic claims raised in the proceedings having
been resolved in accordance with a marital settlement
agreement dated July 18, 2002, the appointment of the Master
is vacated and counsel can file a praecipe transmitting the
record to the Court requesting a final decree in divorce.
BY THE COURT,
cc: Debra A. Denison Cantor
Attorney for Plaintiff
,,?Pimothy J. O'Connell
Attorney for Defendant
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\\Nta acntauvWR&A Family Law`Climt Dimdory\McKvm.H\MARrrALSETrLHMENr AGREEMENTN4.wpd
June 25, 2002
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this Jtday of 2002, by and between
Holly J. McKean (hereinafter "WIFE") and Robert C. McKean, (hereinafter "HUSBAND");
W I TN E S S E T H:
WHEREAS, the parties hereto were married on October 11, 1986, in Enola,
Pennsylvania ; and
WHEREAS, the parties have two minor children of this marriage, namely Erin McKean,
date of birth July 29, 1989 and Daniel McKean, date of birth July 27,1991; and
WHEREAS, difficulties have arisen between the parties and it is therefore their
intention to live separate and apart for the rest of their lives and the parties are desirous of
settling completely the economic and other rights and obligations between each other,
including, but not limited to: the equitable distribution of the marital property; past, present
and future support; alimony, alimony pendente lite; and, in general, any and all other claims
and possible claims by one against the other or against their respective estates; and
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be
kept and performed by each party and intending to be legally bound hereby, the parties do
hereby agree as follows:
Wta cz%ta cr\R&A Family Law\Cli=t Direcm yUcKmn, H\MARrrAL SE TLEN[ENr AGREEMENT R4,wpd
June25,2002
ADVICE OF COUNSEL.
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel. WIFE is represented by Debra Denison Cantor, Esquire
of Reager & Adler, PC. HUSBAND is represented by Timothy J. O'Connell, Esquire.
The parties further declare that each is executing the Agreement freely and voluntarily
having either obtained sufficient knowledge and disclosure of their respective legal rights and
obligations, or if counsel has not been consulted, expressly waiving the right to obtain such
knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not
the result of any fraud, coercion, duress, undue influence or collusion.
2. DIVORCE ACTION.
The parties acknowledge that their marriage is irretrievably broken and that they shall
secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce
action was filed by Holly J. McKean with the Court of Common Pleas of Cumberland County,
Pennsylvania at Civil Action No. 99-4925 on August 16, 1999. The parties agree to execute
Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a
Divorce Decree concurrently with the execution of this Agreement.
This Agreement shall remain in full force and effect after such time as a final decree in
divorce may be entered with respect to the parties. The parties agree that the terms of this
Agreement shall be incorporated into any Divorce Decree which may be entered with respect
to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with
the divorce decree, but shall continue to have independent contractual significance.
Page 2 of 12
\NNla c6nu==%&A Family LewClient Di=tWY\MCKmn, MARITAL SETrLgWRW AOREENT-Mr M4.wpd
June 25, 2002
3. DATE OF EXECUTION.
The "date of execution" and "execution date" of this Agreement shall be defined as the
date upon which it is executed by the parties if they have each executed the Agreement on the
same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be
defined as the date of execution by the party last executing this Agreement.
4. MUTUAL RELEASES.
Each party absolutely and unconditionally release the other and the estate of the other
from any and all rights and obligations which either may have for past, present, or future
obligations, arising out of the marital relationship or otherwise, including all rights and
benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described
herein.
Each party absolutely and unconditionally releases the other and his or her heirs,
executors, and estate from any claims arising by virtue of the marital relationship of the parties.
The above release shall be effective whether such claims arise by way of widow's or widower's
rights, family exemption, or under the intestate laws, or the right to take against the spouse's
will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights
of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other
country.
Except for any cause of action for divorce which either party may have or claim to have,
each party gives to the other by the execution of this Agreement an absolute and unconditional
release from all claims whatsoever, in law or in equity which either party now has against the
other.
Page 3 of 12
Wta e&uava%&A Family LawUiem Di=tory\MCKwn, HMARUAL SETTLEMENT AOREEN ENr 04.wpd
June 25, 2002
5. FINANCIAL AND PROCEDURAL DISCLOSURE.
The parties confirm that each has relied on the accuracy of the financial disclosure of
the other as an inducement to the execution of this Agreement. Each party understands that
he/she had the right to obtain from the other party a complete inventory or list of all property
that either or both parties owned at the time of separation or currently and that each party had
the right to have all such property valued by means of appraisals or otherwise. Both parties
understand that they have right to have a court hold hearings and make decisions on the
matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is
fair and equitable, and that the terms adequately provide for his or her interests, and that this
Agreement is not a result of fraud, duress or undue influence exercised by either party upon
the other or by any person or persons upon either party.
6. SEPARATION/NON-INTERFERENCE.
WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart.
They shall be free from any interference, direct or indirect, by the other in all respects as fully
as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on
and engage in any business, occupation, profession or employment which to him or her may
seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the
respective families of each other.
REAL PROPERTY.
The parties were owners by tenants by the entirety of real estate located at 34 Woburne
Abbey Avenue, Camp Hill, Cumberland County, Pennsylvania. The parties' sold the property
and all proceeds were placed into an escrow account held in joint names. The present balance
of this escrow account is approximately $46,500.00. It is agreed that WIFE shall receive
Page 4 of 12
\Wta a\ntw a\R&A Family Law?Mwt DimtoryftKll, HWARUAL SEYrLE?AFN'r AGREEMENT 04.wpd
June 25, 2002
$30,000.00 of these house proceeds and HUSBAND shall receive the remaining balance. The
account shall be liquidated within ten (10) days of the execution of this Marital Settlement
Agreement pursuant to these terms.
WIFE paid the sum total of $2,369.00 in preparation costs to sell the home. HUSBAND
shall pay to WIFE one-half (1 /2) of such payments at the time of distribution of this account.
8. DEBT.
WIFE is the obligor on a PNC credit card account # 4270041711010131 with a balance
of $5,755.00. HUSBAND is the obligor on a PNC credit card bank account # 4270041711010123
with a balance of $4,368.00. The parties agree that WIFE shall be responsible for and hold
HUSBAND harmless from any debt to or claim by Jean Shelheimer.
9. VEHICLES.
WIFE shall retain sole and exclusive possession of the 1999 Chevrolet Malibu.
HUSBAND agrees to waive any right, title and interest he may have to said vehicle. The
parties shall transfer Certificates of Title and any and all other documentation necessary within
fourteen (14) days of the execution of this Agreement, or within ten (10) days of request by
other party.
10. LIFE INSURANCE.
WIFE is the owner of a whole life policy with Jefferson Pilot Life with an approximate
value of $1,600.00. WIFE is the owner of State Farm Life Insurance policy with a value of
$1,624.00 and a separate State Farm Life Insurance policy with a cash value of $856.00.
HUSBAND is the owner of life insurance policy # LF-0771-1050 with a present cash value of
Page 5 of 12
ANta =kztwva%&A Fami]y Law Cfimt Dimtory\McKwn, H\hMrrAL SETfLEMENr AOREEMENr 04.wpd
Ju= 25.200Z
$1,296.75 and a life insurance policy, policy # LF-1036-1772 with a present cash value of
$7,727.32. WIFE shall retain the two State Farm Life Insurance polices as well as the Jefferson
Pilot Life Insurance policy and HUSBAND waives any right, title and interest that he may have
in said policies. HUSBAND shall retain his life insurance policies and WIFE hereby waives any
right, tide and interest she may have into said policies. After the execution date of this
Agreement, each party may designate any beneficiary to receive the proceeds of any life
insurance policies currently in effect.
11. BANK ACCOUNTS.
The parties have divided all bank accounts based on the Agreement of the parties. Each
party shall retain any accounts currently in their individual name and each party hereby
waives any right, title and interest they may have of the other's accounts.
12. INVESTMENTS.
HUSBAND is the owner of five (5) shares of Disney stock. HUSBAND is the owner of
eight (8) shares of Hershey Food stock. HUSBAND shall retain said stock and WIFE agrees
to waive any right, title and interest she may have to said shares.
WIFE is the owner of a Lincoln Group Annuity (account #891450) (182-40-9408) with
a 12/31/01 value of $42,226.00. WIFE is also the owner of a Fidelity Savings 401(k) plan with
a date of separation value of $19,401.00. HUSBAND is the owner of an American Express IRA
account # 00000931049720937004 with a value as of 12/31/01 of $34,671.30. HUSBAND is the
owner of a Purchase Pension Plan, account # 984200402 with a 12/31 /01 value of 25,602.21.
HUSBAND is also the owner of a Profit Sharing Plan, account # 9894200347 with a 12/31/01
account balance of 26,492.11. The parties agree that noncontributory accounts shall be valued
Page 6 of 12
%\Na cAnl er?R&A FemEy Law\CJient Dimtory\McKean,H%MARrrAL SETTLEMENT AGREEMENT 04.wpd
June 25, 2002
as of 12/31/01. VVUWs Fidelity Savings shall be valued as of date of separation. HUSBAND
hereby agrees to waive any right, title and interest he may have to VMFs retirement accounts.
WIFE hereby agrees to waive any right, title and interest she may have in the Vanguard
Retirement accounts. Within thirty (30) days of the execution of the Marital Settlement
Agreement HUSBAND shall transfer $15,000.00 of the American Express account to a separate
account established by WIFE. HUSBAND agrees to provide all documentation necessary to
effectuate said transfer. If HUSBAND fails to cooperate and the transfer takes an excess of
sixty (60) days, HUSBAND agrees to be assessed interest at 6% on the balance owed to WIFE.
Said interest shall be determined at the time of the rollover, and shall be paid in cash to WIFE
by HUSBAND within fifteen (15) days of the transfer.
13. HOUSEHOLD GOODS AND FURNISHINGS.
All property currently in the possession of WIFE shall become the sole property of WIFE
without claim or offset by HUSBAND. All property currently in possession of HUSBAND
shall become the sole property of HUSBAND without any claim or offset by WIFE. WIFE
agrees to return to HUSBAND the flag draped on the coffin of HUSBAND's uncle, George
Aten if she is able to locate it.
14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS.
In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be performed by that
party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor
spouse hereby waives, releases and relinquishes any right to claim any exemption (whether
granted under State or Federal law) to any property remaining in the debtor as a defense to
any claim made pursuant hereto by the creditor-spouse as set forth herein, including all
attorney fees and costs incurred in the enforcement of this paragraph or any other provision
Page 7 of 12
\\N wvcN crkR&A Family Law\Cliwt Dimtory\McKmn, HWARrrAL SETTLEMENr AOREEN ENr 04.wpd
Iunu 25, 2=
of this Agreement. No obligation created by this Agreement shall be discharged or
dischargeable, regardless of Federal or State law to the contrary, and each party waives any
and all right to assert that obligation hereunder is discharged or dischargeable.
The parties mutually agree that in the event of bankruptcy or financial reorganization
proceedings by either party in the future, any monies to be paid to the other party, or to a third
party, pursuant to the terms of this Agreement shall constitute support and maintenance and
shall not be discharged in bankruptcy.
15. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE.
The parties hereby expressly waive, release, discharge and give up any and all rights
or claims which either may now or hereafter have for spousal support, alimony pendente lite,
alimony, or maintenance. The parties further release any rights that they may have to seek
modification of the terms of this Agreement in a court of law or equity, with the understanding
that this Agreement constitutes a final determination for all time of either party's obligations
to contribute to the support or maintenance of the other.
16. ATTORNEY FEES, COURT COSTS.
Each party hereby agrees to be solely responsible for his or her own counsel fees, costs
and expenses. Neither shall seek any contribution thereto from the other except as otherwise
expressly provided herein.
Page 8 of 12
\WUavaWn vaMMA ParnUy LawlCEient Dim oryWkKean, HWARITAL SerrLEN E W AopEEN ENr M4.wpd
June 25,1002
17. ATTORNEYS' FEES FOR ENFORCEMENT.
In the event that either party breaches any provision of this Agreement and the other
party retains counsel to assist in enforcing the terms thereof, the breadiing party will pay all
reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if
applicable) which are incurred by the other party in enforcing the Agreement, whether
enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific
Agreement and intent of the parties that a breaching or wrongdoing party shall bear the
obligation of any and all costs, expenses and reasonable counsel fees incurred by the
nonbreaching party in protecting and enforcing his or her rights under this Agreement.
18. WAIVER OF RIGHTS.
Both parties hereby waive the following procedural rights:
(a.) The right to obtain an inventory and the appraisement of all marital and
non-marital property;
(b.) The right to obtain an income and expense statement of either party;
(c.) The right to have all property identified and appraised;
(d.) The right to discovery as provided by the Pennsylvania Rules of Civil
Procedure; and
(e.) The right to have the court make all determinations regarding marital
and non-marital property, equitable distribution, spousal support,
alimony pendente lite, alimony, counsel fees and costs and expenses.
Page 9 of 12
\\NtaweMUW WR ,A Family LawUlent Dimcmr/McKmn. H\MARrrAL SETTLEMENT AOREEMENr 04.wpd
June 23.2002
19. MUTUAL COOPERATION.
WIFE and HUSBAND shall mutually cooperate with each other in order to carry
through the terms of this Agreement, including but not limited to, the signing of documents.
20. 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.
21. APPLICABLE LAW.
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
22. 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.
23. CONTRACT INTERPRETATION.
For purposes of contract interpretation and for the purpose in resolving any ambiguity
herein, the parties agree that this Agreement was prepared jointly by the parties.
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Iune25,2002
IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day
first above written.
This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND
acknowledge the receipt of a duly executed copy hereof.
IL, Q m?
Wi ess H ly J. NkKean
i s Robert C. McKean
Page 11 of 12
HOLLY J. MCKEAN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROBERT C. MCKEAN
DEFENDANT
99-4925 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, May 26, 2005 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, June 27, 2005 at 10:00 AM
for a Pre-Hearing Custody Conference. 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 entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunday, Esq. ,y?
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites 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 ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
.5a? or
RECEIVED MAY 18 2MSJ' S
HOLLY J. McKEAN, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 99-4925 CIVIL TERM
ROBERT C. McKEAN, CIVIL ACTION - LAW
Defendant/Petitioner CUSTODY
ORDER OF COURT
AND NOW, this _ day of 2005, upon consideration of the
attached complaint, it is hereby directed that the parties and their respective counsel
appear before the Custody Conference officer
on
at
2005, at o'clock _.M. for a Pre-Hearing Custody Conference. 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. Failure to appear at the Conference may provide grounds for the
entry of a temporary or permanent order.
By the Court:
Date:
Custody Conference Officer
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.
Court Administrator
One Courthouse Square
Carlisle, PA 17013
717/240.6200
HOLLY J. McKEAN, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-4925 CIVIL TERM
ROBERT C. McKEAN, CIVIL ACTION -LAW
Defendant/Petitioner CUSTODY
PETITION TO MODIFY CUSTODY
1. Plaintiff (respondent herein) is Holly J. McKean, residing at 714
Westwood Drive, Enola, Cumberland County, Pennsylvania 17025.
2. The defendant (petitioner herein) is Robert C. McKean, residing at 129
Tory Circle, Enola, Cumberland County, Pennsylvania 17025.
3. The parties are the parents of Erin McKean, born July 29, 1989, and
Daniel McKean, born July 127, 1991.
4. Petitioner seeks primary physical custody of Daniel McKean.
5. The child was not born out of wedlock. The child is presently in the
custody of Holly J. McKean, who has had custody of the child since January, 1999.
6. For the past five years, the child has resided with the following persons at
the following addresses:
Custodian Address Dates
Holly J. McKean 34 Woburn Abbey Rd. 1/1999 to 8/2000
Camp Hill, PA 17011
Holly J. McKean 19 Annette Drive 8/2000 to 12/2004
Enola, PA 17025
Holly J. McKean 714 Westwood Drive 12/2004 to 3/2005
Enola, PA 17025
Robert C. McKean 129 Tory Circle 3/2005 to present
Enola, PA 17025
7. The mother of the child is Holly J. McKean who currently resides at 714
Westwood Drive, Enola, Pennsylvania. She is unmarried.
The father of the child is Robert McKean, currently residing at 129 Tory
Circle, Enola, Pennsylvania. He is unmarried.
9. The plaintiff/respondent currently resides with the parties' two children,
Erin McKean and Daniel McKean.
10. The defendant/petitioner currently resides alone.
11. Petitioner has not participated as a party or witness, or in another
capacity, in other litigation concerning the custody of the child in this or another court.
12. The petitioner has no information of a custody proceeding concerning the
child pending in a court in this Commonwealth or in any other court.
13. Petitioner does not know of a person not a party to the proceedings who
has physical custody of the child or claims to have custody or visitation rights with
respect to the child.
13. The best interest and permanent welfare of the child will be served if
petitioner is granted primary custody of Daniel McKean. The petitioner and respondent
have equally shared custody of Daniel since January of 2003. The child has lived with
the petitioner since March of 2005. Respondent has periods of partial temporary custody
alternating weekends and each Wednesday. This schedule is working successfully.
14. Each parent whose parental rights to the child have not been terminated
and the person who has physical custody of the child have been named as parties to this
action.
WHEREFORE, plaintiff requests this Court to award him primary physical custody
of Daniel McKean.
Timothy Y O'Connell, Esquire
Turner and O'Connell
4415 North Front Street
Harrisburg, PA 17110
(717) 232-4551
Verification
1 verify that the statements made in this Complaint are true and correct. 1
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
Section 4904 relating to unsworn 4toa horities.
Date: `J[ ?? S Robert C. McKean
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HOLLY J. MCKEAN
Plaintiff
VS.
ROBERT C. MCKEAN
Defendant
RECEIVED JUL 05 2009 r6l
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99.4925
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this day of 2005, upon
consideration of the attached Custody Conciliation 'Report, it is ordered and directed as follows:
Order. 1. The prior Order of this Court dated November 15, 1999 is vacated and replaced with this
2. The Mother, Holly J. McKean, and the Father, Robert C. McKean, shall have shared legal
custody of Erin McKean, born July 29, 1989, and Daniel McKean, born July 2'7, 1991. Each parent
shall have an equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion. Pursuant to the terns of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information.
3. The Mother shall have primary physical custody of Erin and shall have partial physical
custody with Daniel on alternating weekends and every Wednesday evening.
4. The Father shall have primary physical custody of Daniel and shall have partial physical
custody of Erin at such times as arranged by agreement between the parties.
5. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE CO)JRT,
Edward E. Guido J.
cc: Timothy J. O'Connell, Esquire - Counsel for Father
Holly J. McKean, Mother
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HOLLY J. MCKEAN
Plaintiff
VS.
ROBERT C. MCKEAN
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4925 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
follows: 1. The pertinent information concerning the Children who are the subjects of this litigation is as
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Erin McKean July 29, 1989 Mother
Daniel McKean July 27, 1991 Mother
2. A conciliation conference was held on June 211, 2005, with the following individuals in
attendance: The Father, Robert C. McKean, with his counsel, Timothy J. O'Connell, Esquire, and the
Mother, Holly J. McKean, who is not represented by counsel in this matter.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
E
C?
HOLLY J. MCKEAN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROBERT C. MCKEAN
DEFENDANT
99-4925 CIVIL ACTION LAW
. IN CUSTODY
ORDER OF COURT
AND NOW, Monday, August 08, 2005 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday. September 13, 2005 at 1:00 PM
for a Pre-Hearing Custody Conference. 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 entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Dawn S. Sunday, Esq.
Custody Conciliator
10-
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For infonnation 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 (tours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
FILED-OFFICE
OF TI-Ec Pr;CTN^ 4i, 7AAV
2005 AUG -9 PH 2: 09
Curs 5tf irr 1-1,;UNTY
PENNSYLVANIA
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11.
YKECENED AUG 0420056
HOLLY J. MCKEAN, ) IN THE COURT OF COMMON PLEAS
PLAINTIFF ) OF CUMBERLAND
COUNTY, PENNSYLVANIA
VS. ) CIVIL ACTION - LAW
NO. 99-4925
ROBERT C. MCKEAN, )
DEFENDANT ) IN CUSTODY
ORDER OF COURT
AND NOW, this day of 2005, upon consideration of the
Complaint filed in this matter, it is hereby directed that the parties and their respective
counsel appear before , the conciliator, at
Pennsylvania, on the day of , 2005, at
o'clock _.m. for a Pre-Hearing Custody Conference. 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 a temporary order. All children
aged five or older may also be present at the conference. Failure to appear at the
conference may provide grounds for entry of a temporary or permanent order.
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.
COURT ADMINISTRATOR, FOURTH FLOOR
CUMBERLAND COUNTY COURT HOUSE
1000RTHOUSESQUARE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 240-6200
FOR THE COURT,
BY
CUSTODY CONCILIATOR
HOLLY J. MCKEAN, ) IN THE COURT OF COMMON PLEAS
PLAINTIFF ) OF CUMBERLAND
COUNTY, PENNSYLVANIA
VS. )
CIVIL ACTION - LAW
)
ROBERT C. MCKEAN, ) NO. 99-4925
DEFENDANT )
IN CUSTODY
ORDER OF COURT
AND NOW this day of
2005, upon
consideration of the attached Petition, a hearing is hereby scheduled before the
undersigned, to be held in Court Room No. of the Cumberland County Courthouse in
Carlisle, Pennsylvania, commencing at o'clock
.m. on
the day of
BY THE COURT,
2005.
J.
Distribution:
Samuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 121h Street, P.O. Box 168, Lemoyne, Pa 17043
Timothy J. O'Connell, Esquire (Attorney for Defendant)
4415 North Front Street, Harrisburg, PA 17110
HOLLY J. MCKEAN,
PLAINTIFF
vs.
ROBERT C. MCKEAN,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4925
IN CUSTODY
PETITION TO ENFORCE CUSTODY ORDER AND ADJUDGE DEFENDANT IN CONTEMPT
AND NOW comes the above-named Plaintiff by her attorney, Samuel L. Andes, and
petitions the court as follows:
1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant.
2. The parties are the parents of two minor children who are the subject of an order
entered by this court on 6 July 2005. A copy of that order is attached hereto and marked as
EXHIBIT A.
3. Since the entry of that order, the Defendant has repeatedly and wilfully violated
the terms of that order and failed to comply with it. Examples of his violation of the order
include:
A. He has failed to deliver the child Daniel to Plaintiff's custody in
accordance with the order for her periods of temporary custody.
B. He has failed to make the child available during the Plaintiff's
periods of temporary custody so that she may exercise those periods with the
child.
C. He has failed to communicate with Plaintiff, or allow the child to
communicate with Plaintiff, regarding custody and related matters.
Defendant's conduct violates the order and, as a result, places him in contempt of this court
and its order of 6 July 2005.
4. Despite repeated efforts by Plaintiff, she has been unable to see or have any
period of temporary custody with her son since the entry of the order of 6 July 2005. She
believes that, without prompt intervention by this court, she will not receive the temporary
custody arrangements provided in that order.
WHEREFORE, Plaintiff prays this court to conduct a hearing and, following that
hearing, adjudge the Defendant in contempt of this court's order of 6 July 2005 and to take
whatever steps are appropriate or necessary to assure Defendant's compliance with that
order and to assure to Plaintiff a reasonable exercise of her custodial rights with regard to
the child Daniel.
Sa t L. Andes P
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 1211 Street
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I
understand that any false statements in this document are subject to the penalties of 18 Pa.
C.S. 4904 (unsworn falsification to authorities).
Date:
HOLLY J. CKEAN
EXHIBIT A
HOLLY J. MCKEAN
Plaintiff
VS.
ROBERT C. MCKEAN
Defendant
RECEIVED JUL 0 5 2005,60
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4925
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this _6day of 2005, upon
consideration of the attached Custody Conciliation a ort rt is ordered and directed as follows:
Order. I. The prior Order of this Court dated November 15, 1999 is vacated and replaced with this
2. The Mother, Holly J. McKean, and the Father, Robert C. McKean, shall have shared legal
custody of Erin McKean, born July 29, 1989, and Daniel McKean, born July 27,19 " 91. Each parent
shall have an equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information.
3. The Mother shall have primary physical custody of Erin and shall have partial physical
custody with Daniel on alternating weekends and every Wednesday evening.
4. The Father shall have primary ph; sical custody of Daniel and shall have partial physical
custody of Erin at such times as arranged by agreement between the parties.
5. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
THE COURT,
E. Guido J.
cc: Timothy J. O'Connell, Esquire - Counsel for Father
Holly J. McKean, Mother
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HOLLY J. MCKEAN
Plaintiff
VS.
ROBERT C. MCKEAN
Defendant
YRECEIVED SEP 15 7005
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4925
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 4?? day of ;,? 2005, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated July 6, 2005 is vacated and replaced with this Order.
2. The Mother, Holly J. McKean, and the Father, Robert C. McKean, shall have shared legal
custody of Erin McKean, born July 29, 1989, and Daniel McKean, bom July 27, 1991. Each parent
shall have an equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information.
3. The Mother shall have primary physical custody of Erin and shall have partial physical
custody of Daniel every week on Mondays and Wednesdays from after school until 9:00 p.m. In
addition, the Mother shall have partial custody of Daniel on alternating Sunday afternoons with the
times to be arranged by agreement between the parties.
4. The Father shall have primary physical custody of Daniel and shall have partial physical
custody of Erin at such times as arranged by agreement between the parties.
5. In an effort to improve communications. the parties shall communicate by telephone every
week on Sunday at 8:00 p.m. to discuss issues and developments concerning the Children. Unless
otherwise agreed between the parties, the Mother shall initiate the weekly telephone call.
6. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control._,??
BY THE
cc:L.Ximothy J. O'Connell, Esquire - Counsel for Fathe
,Samuel L. Andes, Esquire - Counsel for Mother 1
Edward E. Guido
J.
r
OF NtPPO?hOrggY
2005 SEP 20 AFI Il 36
L?tiN;?l
1
HOLLY J.MCKEAN
Plaintiff
VS.
ROBERT C. MCKEAN
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4925 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
follows: 1. The pertinent information concerning the Children who are the subjects of this litigation is as
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Erin McKean July 29, 1989 Mother
Daniel McKean July 27, 1991 Father
2. A custody conciliation conference was held on September 13, 2005, with the following
individuals in attendance: The Mother, Holly J. McKean, with her counsel, Samuel L. Andes, Esquire,
and the Father, Robert C. McKean, with his counsel, Timothy J. O'Connell, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
D?CCA,?
5?! S? ?o S
ate Dawn S. Sunday, Esquire
Custody Conciliator
f
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HOLLY J. McKEAN,
Plaintiff/Respondent
vs.
ROBERT C. McKEAN,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4925 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
PETITION TO MODIFY CUSTODY
1. Plaintiff (respondent herein) is Holly J. McKean, residing at 714
Westwood Drive, Enola, Cumberland County, Pennsylvania 17025.
2. The defendant (petitioner herein) is Robert C. McKean, residing at 129
Tory Circle, Enola, Cumberland County, Pennsylvania 17025.
3. The parties are the parents of Erin McKean, born July 29, 1989, and
Daniel McKean, born July 127, 1991.
4. Petitioner seeks primary physical custody of Daniel McKean.
5. The child was not born out of wedlock. The child is presently in the
custody of Holly J. McKean, who has had custody of the child since January, 1999.
6. For the past five years, the child has resided with the following persons at
the following addresses:
Custodian Address Dates
Holly J. McKean 34 Woburn Abbey Rd. 1/1999 to 8/2000
Camp Hill, PA 17011
Holly J. McKean 19 Annette Drive 8/2000 to 12/2004
Enola, PA 17025
Holly J. McKean 714 Westwood Drive 12/2004 to 3/2005
Enola, PA 17025
Robert C. McKean 129 Tory Circle 3/2005 to present
Enola, PA 17025
1/
7. The mother of the child is Holly J. McKean who currently resides at 714
Westwood Drive, Enola, Pennsylvania. She is unmarried.
8. The father of the child is Robert McKean, currently residing at 129 Tory
Circle, Enola, Pennsylvania. He is unmarried.
The plaintiff/respondent currently resides with the parties' two children,
Erin McKean and Daniel McKean.
10. The defendant/petitioner currently resides alone.
11. Petitioner has not participated as a party or witness, or in another
capacity, in other litigation concerning the custody of the child in this or another court.
12. The petitioner has no information of a custody proceeding concerning the
child pending in a court in this Commonwealth or in any other court.
13. Petitioner does not know of a person not a party to the proceedings who
has physical custody of the child or claims to have custody or visitation rights with
respect to the child.
13. The best interest and permanent welfare of the child will be served if
petitioner is granted primary custody of Daniel McKean. The petitioner and respondent
have equally shared custody of Daniel since January of 2003. The child has lived with
the petitioner since March of 2005. Respondent has periods of partial temporary custody
alternating weekends and each Wednesday. This schedule is working successfully.
14. Each parent whose parental rights to the child have not been terminated
and the person who has physical custody of the child have been named as parties to this
action.
WHEREFORE, plaintiff requests this Court to award him primary physical custody
of Daniel McKean.
Timothy O'Connell, Esquire
Turner and O'Connell
4415 North Front Street
Harrisburg, PA 17110
(717) 232-4551
s.?
Verification
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
Section 4904 relating to unsworn falsification to a horities.
i,
Date: 5h/d S
Robert C. McKean
HOLLY J. MCKEAN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROBERT C. MCKEAN
DEFENDANT
99-4925 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, August O8, 2005 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg PA 17055 on Tuesday, September 13, 2005 at 1:00 PM
for a Pre-Hearing Custody Conference. 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 entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunday E if
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites 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 ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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HOLLY J. MCKEAN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 99-4925 CIVIL ACTION LAW
ROBERT C. MCKEAN
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, Ma 2y 6, 2005 _, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street Mechanicsburg, PA 17055 on Monday, June 27, 2005 _ at 10:00 AM
for a Pre-Hearing Custody Conference. 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 entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Dawn S. Sunday, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites 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 ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
,1
RECEIVED JUL 051005i if
HOLLY J. MCKEAN IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 99-4925 CIVIL ACTION LAW
ROBERT C. MCKEAN
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 6 ? day of , 2005, upon
consideration of the attached Custody Conciliation eport, it is ordered and directed as follows:
1. The prior Order of this Court dated November 15, 1999 is vacated and replaced with this
Order.
2. The Mother, Holly J. McKean, and the Father, Robert C. McKean, shall have shared legal
custody of Erin McKean, born July 29, 1989, and Daniel McKean, born July 27, 1991. Each parent
shall have an equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information.
3. The Mother shall have primary physical custody of Erin and shall have partial physical
custody with Daniel on alternating weekends and every Wednesday evening.
4. The Father shall have primary physical custody of Daniel and shall have partial physical
custody of Erin at such times as arranged by agreement between the parties.
5. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
cc: Timothy J. O'Connell, Esquire - Counsel for Father
Holly J. McKean, Mother
0 ?
9-07-0S'
}
Edward E. Guido J.
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HOLLY J. MCKEAN
Plaintiff
VS.
ROBERT C. MCKEAN
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4925 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 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 CURRENTLY IN CUSTODY OF
Erin McKean July 29, 1989 Mother
Daniel McKean July 27, 1991 Mother
2. A conciliation conference was held on June 27, 2005, with the following individuals in
attendance: The Father, Robert C. McKean, with his counsel, Timothy J. O'Connell, Esquire, and the
Mother, Holly J. McKean, who is not represented by counsel in this matter.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
HOLLY J. MCKEAN,
PLAINTIFF
VS.
ROBERT C. MCKEAN,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4925
IN CUSTODY
PETITION TO ENFORCE CUSTODY ORDER AND ADJUDGE DEFENDANT IN CONTEMPT
AND NOW comes the above-named Plaintiff by heir attorney, Samuel L. Andes, and
petitions the court as follows:
1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant.
2. The parties are the parents of two minor children who are the subject of an order
entered by this court on 6 July 2005. A copy of that order is attached hereto and marked as
EXHIBIT A.
3. Since the entry of that order, the Defendant has repeatedly and wilfully violated
the terms of that order and failed to comply with it. Examples of his violation of the order
include:
A. He has failed to deliver the child Daniel to Plaintiff's custody in
accordance with the order for her periods of temporary custody.
B. He has failed to make the child available during the Plaintiff's
periods of temporary custody so that she may exercise those periods with the
child.
C. He has failed to communicate with Plaintiff, or allow the child to
communicate with Plaintiff, regarding custody and related matters.
Defendant's conduct violates the order and, as a result, places him in contempt of this court
and its order of 6 July 2005.
4. Despite repeated efforts by Plaintiff, she has been unable to see or have any
period of temporary custody with her son since the entry of the order of 6 July 2005. She
believes that, without prompt intervention by this court, she will not receive the temporary
custody arrangements provided in that order.
WHEREFORE, Plaintiff prays this court to conduct a hearing and, following that
hearing, adjudge the Defendant in contempt of this court's order of 6 July 2005 and to take
whatever steps are appropriate or necessary to assure Defendant's compliance with that
order and to assure to Plaintiff a reasonable exercise of her custodial rights with regard to
the child Daniel.
Sa
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12t' Street
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I
understand that any false statements in this document are subject to the penalties of 18 Pa.
C.S. 4904 (unsworn falsification to authorities).
Date: 0. m`?,
HOLLY J. CkEAN
RECEIVED J;1L 0 5 2005 if
HOLLY J. MCKEAN
Plaintiff
VS.
ROBERT C. MCKEAN
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4925 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this _ 6 day of 2005, upon
consideration of the attached Custody Conciliation eport, it is ordered and directed as follows:
1. The prior Order of this Court dated November 15, 1999 is vacated and replaced with this
Order.
2. The Mother, Holly J. McKean, and the Father, Robert C. McKean, shall have shared legal
custody of Erin McKean, born July 29, 1989, and Daniel McKean, born July 27, 1991. Each parent
shall have an equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information.
3. The Mother shall have primary physical custody of Erin and shall have partial physical
custody with Daniel on alternating weekends and every Wednesday evening.
4. The Father shall have primary physical custody of Daniel and shall have partial physical
custody of Erin at such times as arranged by agreement between the parties.
5. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
cc: Timothy J. O'Connell, Esquire - Counsel for Father
Holly J. McKean, Mother
T17UE COPY FROM RECORD
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IRECE[VED SEP 15 20
HOLLY J. MCKEAN IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 99-4925 CIVIL ACTION LAW
ROBERT C. MCKEAN
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this day of 2005, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated July 6, 2005 is vacated and replaced with this Order.
2. The Mother, Holly J. McKean, and the Father, Robert C. McKean, shall have shared legal
custody of Erin McKean, born July 29, 1989, and Daniel McKean, born July 27, 1991. Each parent
shall have an equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information.
3. The Mother shall have primary physical custody of Erin and shall have partial physical
custody of Daniel every week on Mondays and Wednesdays from after school until 9:00 p.m. In
addition, the Mother shall have partial custody of Daniel on alternating Sunday afternoons with the
times to be arranged by agreement between the parties.
4. The Father shall have primary physical custody of Daniel and shall have partial physical
custody of Erin at such times as arranged by agreement between the parties.
5. In an effort to improve communications, the parties shall communicate by telephone every
week on Sunday at 8:00 p.m. to discuss issues and developments concerning the Children. Unless
otherwise agreed between the parties, the Mother shall initiate the weekly telephone call.
6. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control
BY THE
cc:(,,Ximothy J. O'Connell, Esquire - Counsel for Father
,,Aamuel L. Andes, Esquire - Counsel for Mother
Edward E. Guido J.
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3OL_0-03li3
HOLLY J. MCKEAN
Plaintiff
VS.
ROBERT C. MCKEAN
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4925 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 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 CURRENTLY IN CUSTODY OF
Erin McKean July 29, 1989 Mother
Daniel McKean July 27, 1991 Father
2. A custody conciliation conference was held on September 13, 2005, with the following
individuals in attendance: The Mother, Holly J. McKean, with her counsel, Samuel L. Andes, Esquire,
and the Father, Robert C. McKean, with his counsel, Timothy J. O'Connell, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator