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HomeMy WebLinkAbout07-3170 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Attorneys for Plaintiff WILLIAM J. MCCLOSKEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW TONYA MCCLOSKEY NO. 07-0/70 CIVIL TERM Defendant IN CUSTODY NOTICE YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 3 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Please 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. Date: BY THE COURT: J. 4 I. LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com WILLIAM J. MCCLOSKEY, Plaintiff V. TONYA MCCLOSKEY Defendant Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 61- 3170 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is William J. McCloskey, residing at 612 Third Street, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant is Tonva McCloskey, residing partially-at 421 Third Street, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff seeks custody of the following children: Name Present Residence Age Stephin David McCloskey 421 Third Street, Enola DOB: 10/25/98 Age: 8 Anthony William McCloskey 421 Third Street, Enola DOB: 5/20/03 Age: 3 5 The children were both born out of wedlock. The children are presently in the custody of Tonya McCloskey, who resides at 421 Third Street, Enola, Pennsylvania, 17025. During the past five years, the children have resided with the following persons and at the following addresses: List all Persons List all Addresses Dates Tonya McCloskey 421 Thirst Street March 2007 - Becky Harper Enola, PA present Stephin McCloskey Anthony McCloskey Tonya McCloskey Pennsylvania Ave January 2007 - Becky Harner Enola, PA March 2007 Stephin McCloskey Anthony McCloskey Tonya McCloskey Becky Harner 94 Front Street February 2006 - Stephin McCloskey Enola, PA January 2007 Anthony McCloskey William McCloskey (February 2006 - July 2006) Tonya McCloskey Stephin McCloskey 730 Tower Road Enola PA November 2004 - Anthony McCloskey , February 2006 William McCloskey (January 2006- February 2006) Tonya McCloskey Stephin McCloskey Dauphin Street Enola PA April 2004 - Anthony McCloskey , November 2004 William McCloskey (September 2004- November 2004) The Mother of the children is Tonya McCloskey, currently residing at 421 Third Street, Enola, Pennsylvania. She is married. 6 The Father of the children is William J. McCloskey, currently residing at 612 Third Street, Enola, Pennsylvania. He is married. 4. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons Name Relationship Amy Bretz Girlfriend Carolyn Bretz Girlfriend's Mother Frank Bretz Girlfriend's Father 5. The relationship of Defendant to the children is that of Mother. The Defendant currently resides with the following persons: Name Relationship Becky Harner Mother Stephin McCloskey Son Anthony McCloskey Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. The Court, term and number, and its relationship to this action is: Not applicable. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. The court, term and number, and its relationship to this action is: Not applicable. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. The name and address of such person is: Not applicable. 7 9. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff is able to provide the children with a loving home environment; b. Plaintiff is able to provide the children with stability; c. Plaintiff is the parent most likely to insure that the children see the other party; and d. Plaintiff is able to provide for the children's physical, emotional, and spiritual well-being 10. 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 Not applicable. Wherefore, Plaintiff, William J. McCloskey, respectfully requests the Court to grant custody of the children to Plaintiff. Date: S /- C Respectfully submitted, THE LAW OFFICE OF PETER J. RUSSO, P.C. Elizabeth J. Saylor, quire Attorney I.D. No. 20013 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 8 VERIFICATION I, William J. McCloskey, verify that the statements made in this Complaint for Custody 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. William *J.Closkdey ,S- 9 "w LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com WILLIAM J. MCCLOSKEY, Plaintiff V. TONYA MCCLOSKEY Defendant CIVIL TERM Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. IN CUSTODY CERTIFICATE OF SERVICE I, Janet E. Bush, hereby certify that I am on this day serving a copy of the Complaint for Custody upon the person(s) and in the manner indicated below: US Regular Mail and Certified US Mail, restricted delivery, return receipt requested #7006 0810 0006 1052 7036 and addressed as follows: Tonya McCloskey 421 Third Street Enola, PA 17025 cn J WE. Bush Date: 10 C_ 0 G• - n _ -4. WILLIAM J. MCCLOSKEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-3170 CIVIL ACTION LAW TONYA MCCLOSKEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, June 04, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4tb Floor, Cumberland County Courthouse, Carlisle on Thursday, June 21, 2007 - at 10:30 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/ ac ueline M. Verne Es . 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 Z Z :C Wd ?- NPI L04Z AdViG'NCil iOd'J 3A ?O LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com WILLIAM J. MCCLOSKEY, Plaintiff V. TONYA MCCLOSKEY Defendant Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3170 CIVIL TERM IN CUSTODY ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: CkC'"N A. Signature. X ? Agent ? Addresem JiLkA41ved ( Printed N C. Date of Del ?? ? _ Ill. ?Cf os ? D. Is delivery address different from (tern 171, ? Yea if YES, enter delivery address below: ? No 3. Senjpe Type Certlfled Mall 0 mail C3 Registered Returm Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) lk?y- 2. ArtlclpNumbier, 7006 0810 0006 1052 7036 (rrw*W irrom sOv6 Ps Form 3811, February 2w4 Domestic Return Receipt 102595.02-WI540 m L C m Z Mi a ? F, o s Y; ? y WILLIAM J. MCCLOSKEY, Plaintiff V. TONYA MCCLOSKEY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3170 CIVIL TERM IN CUSTODY STIPULATED CUSTODY AGREEMENT THIS STIPULATED CUSTODY AGREEMENT (hereinafter "Agreement") is hereby made and entered into this JO day of U , 2007, by and between William J. McCloskey (hereinafter "Father") and Tonya McCloskey (hereinafter "Mother") Witnesseth: Whereas, the parties hereto are the parents of Stephin David McCloskey, born October 25, 1998, and Anthony William McCloskey bom May 20, 2003, (hereinafter collectively the "Children"); Whereas, no previous court order concerning the Children has been entered; Whereas, William J. McCloskey is represented by Elizabeth J. Saylor, Esquire of The Law Offices of Peter J. Russo, P.C.; Whereas, Tonya McCloskey, is represented by Grace D'Alo, Esquire of MidPenn Legal Services; Whereas, the Parties have had adequate time and opportunity to consult with legal counsel; Wher as, both Parties acknowledge that they are satisfied with the legal WJM TM 7?c_ Page 1 of 12 A- advice they have received and understand the full importance of the Agreement they are entering into; and Now, therefore, the parties, in consideration of the foregoing promises, and the mutual promises and undertakings hereinafter set forth, agree as follows: 1. Recitals. The foregoing recitals are incorporated and adopted herein by reference and form a material part of this Agreement. 2. Legal Custody. The parties shall have joint legal custody of the Children. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their Children, including education, medical, and religious decisions. Both parents shall be entitled to equal access to their children's school, medical, dental, and other important records. As soon as practical after receipt by a parent, copies of the Children's school schedules, special events notifications, report cards, and similar notices shall be provided to the other parent. Each parent shall notify the other of any medical, dental, optical, and other appointments of a child with health care providers, sufficiently in advance thereof so that the other parent can attend. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's school, physician, psychologists or other individuals concerning the progress and welfare of the children. Both Mother and Father shall keep the other party informed of any change of address or change in telephone number. Notwithstanding that both parents share legal custody, non-major decisions involving a child's day to day living shall be made by the parent then having WJM TM Page 2 of 12 custody, consistent with the other provisions set forth herein. 3. Physical Custody. Mother shall have primary physical custody of children. Father shall have partial physical custody of the Children in accordance with the following schedule unless otherwise agreed by the parties: a. Alternating Weekends. On alternating weekends beginning Friday at 8:00 P.M. when Father shall pick up the Children from Mother's residence and ending Sunday at 6:00 P.M. when Mother shall pick up the Children from Father's residence. Father's first weekend of custody shall begin on July 20, 2007. b. Wednesday. Every Wednesday beginning at 8:00 P.M. when Father shall pick up the Children from Mother's residence and ending at 8:15 A.M. on Thursday when Father shall return the Children to school or to Mother's residence, whichever is applicable. Father's first Wednesday of custody shall begin on July 25, 2007. 4. Holidays. The parties shall share custody of the Children on holidays throughout the year in accordance with the following schedule unless otherwise agreed by the parties: a. Christmas. Mother shall drop the Children off at Father's a : 00 PM ? residence at 1oq. on Christmas Day and Father shall return the d' W P. M. Children to Mother's residence at A. the following day. b. Thanksgiving. Mother shall drop off the Children at Father's residence at 3:00 P.M. on Thanksgiving Day and Father shall return the Children to Mother's residence at 8:15 A.M. the following day. WJM TM Page 3 of 12 c. Easter and Independence Day. In Even years Mother shall have the Children on Easter and Independence Day from 9:00 A.M. until 8:00 P.M. and shall be responsible for all transportation pertaining to said custody. In Odd years Father shall have the Children on Easter and Independence Day from 9:00 A.M. until 8:00 P.M. and shall be responsible for all transportation pertaining to said custody. d. Memorial Day and Labor Day. In Even years Father shall have the Children on Memorial Day and Labor Day from 9:00 A.M. until 8:00 P.M. and shall be responsible for all transportation pertaining to said custody. In Odd years Mother shall have the Children on Memorial Day and Labor Day from 9:00 A.M. until 8:00 P.M. and shall be responsible for all transportation pertaining to said custody. e. Mother's Day. Mother shall have custody of the Children on Mother's Day from 9:00 A.M. until 8:00 P.M. and shall be responsible for all transportation pertaining to said custody. f. Father's Day. Father shall have custody of the Children on Father's Day from 9:00 A.M. until 8:00 P.M. and shall be responsible for all transportation pertaining to said custody. In the event that a parent who would otherwise have custody during a weekend which immediately precedes or follows one of the holidays on which the same parent would also have custody, the parent need not relinquish custody until the conclusion of the entire three (3) day period. WJM TM 46 Page 4 of 12 5. Birthdays. Regardless of which parent has physical custody of the Children, the parent not having custody shall have three (3) hours of custody with the child on the child's birthday and be responsible for all transportation pertaining to said custody. 6. Other Times. Any other times of custody shall be mutually agreed upon by both parties. 7. Late for Exchange. In the event any parent is more than twenty (20) minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent, the other parent may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other parent will be free to make other plans with the Children. 8. Vacations. Father and Mother shall have the right to two (2) consecutive weeks of vacation including two (2) consecutive weekends with the children each year. Parent shall give other parent at least thirty (30) days notice as to when he/she intends to exercise his/her vacation time. Each party shall provide the other with complete addresses and telephone numbers where they can be reached during their vacation. 9. Out of State. If for any reason either party wishes to take the children out of Pennsylvania, that party must give the other party at least thirty (30) days notice and provide the other party with complete address and telephone numbers where they can be reached while out of state. All said trips out of state shall be no longer than two (2) weeks long without full consent of the other party. WJM TM Page 5 of 12 10. Priority. The periods of partial custody for holidays, vacations, or other special days set forth in this Agreement shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for the parent set forth previously in this Agreement. Holidays and other special days for custody set forth in this Agreement shall take precedence over vacations. The Children's school attendance shall have priority over any party's holidays, vacations, or other special days as set forth herein unless specifically agreed to by both parties. 11. Right of First Refusal. If for any reason either party believes that he or she will be unable to supervise the Children for a period greater than eight (8) hours during his/her custodial time, he/she shall provide the other party with advanced notice and allow the other party to exercise his or her right to pick up the Children at the other party's residence for the duration of parent's absence. 12. Telephone Calls. Both parties shall have the right to reasonable telephone contact with the Children during the other party's period of custody. Neither party shall prevent the other party's contact with the Children or prevent the Children from calling the other parent, providing that the phone calls are not excessively frequent or too long in duration as to disrupt the Children's schedule. Each party shall make all reasonable efforts to promptly return calls of messages left by the other party to the Children or to the other parent concerning the Children. The parties agree not to contact each other for reasons other than those relating to the Children. WJM TM !jk Page 6 of 12 13. Extracurricular Activities. Each parent shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. Both parties shall agree to honor and participate in the activities that a child wishes to engage in. During the times that the parents have custody of a child, they will make certain that the child attends any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. Neither parent, however, shall sign up a child for any activity unless the child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the child maintaining passing grades in school. Neither parent shall sign up a child for activities that fall on the other parent's period of custody, without the consent of the other parent which consent shall not be unreasonably withheld. If a child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent shall not be required to take a child to that activity if the custodial parent and child are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver a child to the particular activity, the parent who has custody of the child at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the child to the WJM TM Page 7 of 12 designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. 14. Financial Care of Child. In the event that a significant matter arises with respect to the medical care, education, or financial care of the Children, such as a change in occupation, health insurance, educational expenses, or residence of a parent, those matters shall be discussed with the other parent before any change is made by either parent. 15. Mutual Consultation. Each parent shall confer with the other on all matters of importance relating the Children's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the Children's education and social adjustments. Each parent agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning welfare of the Children and visitation. Each parent agrees to supply the name, address and phone numbers of any persons in whose care the Children will be for a period in excess of seventy-two (72) hours, and for each person or entity which may provide child care. 16. Illness of Children. Emergency decisions regarding the Children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any parent then having custody of a child shall immediately communicate with the other parent by telephone or any other means practical, informing the other parent of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. WJM TM :!j Page 8 of 12 The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. 17. Welfare of Children to be Considered. The welfare and convenience of the Children shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and considered the wishes of the Children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 18. Smoke/ Drink/ Illegal Substances. No parent shall smoke in any part of a confined area with the Children present and neither parent shall permit another person to smoke in any part of a confined area with the Children present. Neither Mother nor Father shall drink alcoholic beverages excessively or consume illegal substances when in the presence of the Children, and neither Mother nor Father shall be under the influence of alcoholic beverages or illegal substances when in the presence of the Children. 19. Disparaging Remarks. Each of the parties and any third party in the presence of the Children shall take all measures deemed advisable to foster a feeling of affection between the Children and the other parent. Neither parent shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, their spouse or relatives, or injure a child's opinion of the other parent or which may hamper the free and natural development of a child's love and respect for the other parent. WJM TM Page 9 of 12 The parties shall not use a child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 20. Modification. The parties are free to modify the terms of this Agreement but in order to do so the parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. In the event that one or the other does not consent to a change, that does not mean each follows your own idea as to what you think the arrangements should be. The reason this Agreement is set out in detail is so both parties have it to refer to and to govern your relationship with the Children and with each other in the event of a disagreement. THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK WJM TM Page 10 of 12 NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby, place their seal: 01 ? 161'e /A10, A WILLIAM J C 0 LOSK Date: Witness for J. M LOSKEY 4r-I* Date: x-©-67 WJ ?--- TM ( r-? ?-D? Ceb NY MCCLOSKEE/Y 4 Date: ri-U? G I CAIA- it s rTONYA MCCLOSKEY Date: J-1t, -cam' Page 11 of 12 J STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the day of , 2007, before me, a Notary Public, personally appeared William J. McCloskey, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that the declarant executed the same for the purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. Notary Public STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the day of , 2007, before me, a Notary Public, personally appeared Tonya McCloskey, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that the declarant executed the same for the purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. Notary Public WJM ?G'U TM Page 12 of 12 C') c -V 00 -a C._ ? W AUG 012007,x LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor @pjrlaw.com WILLIAM J. MCCLOSKEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TONYA MCCLOSKEY NO. 07-3170 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2007, the terms of the attached Stipulation of the Parties is hereby made an Order of Court. BY THE COURT, J. Distribution List: Elizabeth J. Saylor, Esquire The Law Offices of Peter J. Russo, P.C. n 3800 Market Street Camp Hill, PA 17011 Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 4 g �oillc,'-i 3DI.4-4� 71 do 1 iNO'V 0 5 2007 WILLIAM J. MCCLOSKEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3170 CIVIL ACTION - LAW TONYA MCCLOSKEY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 2°d day of November, 2007, the parties having reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, cq ine M. Verney, Esquire, C ody Conciliator i''. }y A,, l.: i S •J , WILLIAM J. McCLOSKEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA • v. : NO. 07-3170 CIVIL TERM • TONYA McCLOSKEY, . Defendant/Petitioner : IN CUSTODY CERTIFICATE OF SERVICE I, John W. Frommer, Esquire, do hereby certify that a true and correct copy of the Criminal Record/Abuse History Verification was served on the Plaintiff/Respondent, William J. McCloskey by depositing the s. - • the United States Nail, first class, postage prepaid, at Harrisburg,Pennsylvania, on 2 �I c)/3 : ' , FIRST CLASS MAIL,POSTAGE PREPAID ~.) cs t William McCloskey = -- --4, Inmate No.: 188443 m cp P 3400 Concord Road =r.-. i c-, cr)York, PA 17402 -<.P' — -•' o -v c. -. N f 41PdA John .comer,E : ire Atto ,-, or I- dant : 41266 2080 Linglestown Road Suite 103 Harrisburg, PA 17110 (717) 695-7771 WILLIAM J. MCCLOSKEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-3170 CIVIL ACTION LAW TONYA MCCLOSKEY • IN CUSTODY DEFENDANT • ORDER OF COURT AND NOW, Wednesday,October 02,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney,Esq. ,the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Tuesday,October 22,2013 1:30 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. 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court(including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: Is! Jacqueline M. Verney, 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 ndividuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior o 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 \TTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT VHERE YOU CAN GET LEGAL HELP. �-+,. C5 � Cumberland County Bar Association cm /F.S 1-1' 32 South Bedford Street c> Carlisle, Pennsylvania 17013 Li)r �C n! Telephone (717) 249-3166 3' r:�� C.a.CS ktV o - > � J. U� = Va./13 William J McCloskey Jr. : In The Court of Common Pleas Plaintiff : Cumberland County PA Vs. Tonya L Barninger : 2007-3170 Civil Action Law Defendant : In Custody rricr'- 4 7 Sri' -. r .z Motion For Continuance - a ; To: The Honorable Courts of Cumberland County AND NOW this 11th day of October, 2013 comes Mr. William J. McCloskey Jr. respectfully requesting that the Honorable Court grant a continuance of the civil proceedings regarding civil case # 2007-3170 in support thereof avers the following: 1. William J McCloskey Jr. is a sentenced inmate,inmate ID#188443, currently incarcerated in the York County Prison, at 3400 Concord Rd. York, PA 17042. 2. William J McCloskey Jr. is scheduled to be released from prison no sooner then Thursday October 17, 2013 and no later the Monday November 18, 2013. 3. A petition of modification has been filed with the Cumberland County Courts and a conciliation hearing has been scheduled to take place before Jaqueline M. Verney Esq. on the fourth floor of the Cumberland County Courthouse on Tuesday October 22, 2013. 4. William J McCloskey Jr. avers that there are no reasons and/or conditions that substantiate a revocation of the overnight visitation with the minor children involved. 5. William J McCloskey Jr. avers that the very best interest or the minor children involved be fulfilled, not by revoking the overnight visitation but instead, by continued visitation providing the children the opportunity to experience a loving, caring, nurturing, and ongoing relationship with their father in a physically, emotionally, and mentally stable environment. 6. William J McCloskey Jr. avers that the petition to modify the current partial custody visitation order is in no way intended to improve the welfare of the children or their relationship with the father. 7. William J McCloskey Jr. avers that it is in the best interest of all parties that all parties and/or the subject children involved submit to examination and evaluation by experts pursuant to Rule 1915.8 by Order of The Honorable Court. WHEREFOR, I, Mr. William J. McCloskey Jr., respectfully request the Honorable Court grant a continuance of a minimum of thirty(30) days regarding the civil proceedings set forth to allow me the opportunity to seek and secure legal council and representation, as well as be present for any and all legal proceedings concerning this civil matter. DATE: 0 / U / t2). William J McCloskey Jr. rk(kC )11 Regarding Civil Case # 2007-3170 To whom it may concern, V•i t ticKNO AdV-C.CoS' ' fir- � \ LC 'a..<1C- 'a VC:54- ckse_3, ■.r-N *a G1•1■\ C 4 2-co' - x`1-0 \ t *V1-W-c*clx- --kc) ConCernk.tn Aco o -.\ -oc 0<- k LW ice, "'l, \/e-cases,f Cam, � k- ,vac . r'-�. S.�c- �`� `c A, \C DATE: 10 / ‘t / William J McCloskey Jr Regarding Civil Case # 2007-3170 To whom it may concern, AND MOW t ip 2Z. dal c - c- 2.0 . two 11/410 w t o co c a I c c- ° Qs-x:1 Dc- d Ccy)cf- �Iy -‘\r c ell ec Wit +C c .,1 U c- 'c`c1, 1 \waivc, 6\li\ At; ‘me ne c ar c� AA� c �1 ∎ — --c o\ k-konovd4e_ COLA. \tu of _zat Cvc-" ec k3 a*iv n J Aiiii4ar 4 '. 4P- - DATE: k / 2Z/ William J McCloskey Jr Verification I, William J McCloskey Jr., hereby verify under penalties of title 18 subsection 4909(relating to unsworn falsification to authorities)that all statements and facts herein are true to the best of my knowledge and understanding. DATE:to /\1 / , 5 �William J McCloskey llal l! M -x v Certificate Of Service I, William J McCloskey Jr., hereby certify that I am this day serving upon the persons indicated below in the manner of first class mail. This manner of service satisfies the requirements of Pa. R. Civil. P.403. 1. C.:AvylVerkAnd CoL 1y C c} CO m c V' a Cio t nC2C(A, . v y M.cc;'tq nd Cqt--VcAc, 'FA VI aka 2. Frornmex-, IJ gmiCO' Ax■are_CSOc\) LLC 1080 1.-∎<1o� -au,n A- , 9t4 103 14.gcr\sbo,,-- 1 ?A V3 I t 3. 7-0(144 r— • C(\ FAR - .‘c-.tk ) 3 A krIO)- DATE: it/ t t / t, William J McCloskey Jr. tWidt114111 /.*'1 WILLIAM J. MCCLOSKEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3170 CIVIL ACTION-LAW =_ TONYA MCCLOSKEY, Defendant : IN CUSTODY wry.— ORDER OF COURT . AND NOW, this %1 of O GA 0\W. , 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 3, 2007 is hereby temporarily suspended. 2. The Mother, Tonya McCloskey and the Father, William J. McCloskey, shall have shared legal custody of Stephin David McCloskey, born October 25, 1998 and Anthony William McCloskey, born May 20, 2003. 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental,religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 3. Mother shall have primary physical custody of the children. 4. Once released from prison, Father shall have periods of partial physical custody beginning the first Sunday after his release and alternating Sundays thereafter from 1:00 p.m. to 5:00 p.m. Father shall contact the Maternal Grandfather at 717-731- 0671 to notify him of his availability. Maternal Grandfather and Father shall meet at the Food Court of the Capital City Mall for custody exchanges. 5. RELOCATION: No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 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. Once Father is released from prison, he may contact the Conciliator at 717-243-9190 to schedule another Conciliation Conference. BY THE COURT, \\W -1\1 . 4 ( J. ccjohn W. Frommer, Esquire, Counsel for Mother 'William J. McCloskey, pro se ID#188443 York County Prison 3400 Concord Road York, PA 17042 t S /7.tt L t4,7/12 WILLIAM J. MCCLOSKEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3170 CIVIL ACTION-LAW TONYA MCCLOSKEY, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr.,J. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Stephin David McCloskey October 25, 1998 Mother Anthony William McCloskey May 20, 2003 Mother 2. A Conciliation Conference was held in this matter on October 15, 2013, with the following in attendance: The Mother, Tonya McCloskey, with her counsel, John W. Frommer, Esquire. Father, William J. McCloskey,pro se, is incarcerated in York County Prison, and did not appear. Father faxed the Conciliator a Motion for Continuance on the day of the conference; however, it was not docketed in the Prothonotary's Office and was not considered timely by the Conciliator. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated August 3, 2007 providing for shared legal custody, Mother having primary physical custody with Father having partial physical custody on alternating weekends and every Wednesday overnight. Mother reported that prior to his incarceration, Father was not exercising all of his periods of partial physical custody. 4. Mother requested an order in the form as attached Date: � -(( °� l . /6) Jac• eline M. Verney, Esquire Conciliator