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HomeMy WebLinkAbout04-05237]7 248 8200 12/11/2008 14:21 #187 HAROLD NATH/~NC. WOLF RHONDA S. IRWIN ROBERT O. ,STAMBAUGH KERI L LEIPOLD IRWIN LAW OFFICE 717-243~0g0 717-243-9200 December 11, 2003 VIA FACSIMILE ONLY HON RICHARD J WALSH FRANKLIN COUNTY COURTHOUSE CHAMBERSBURG PA 17201 RE: Mahoney v. Lalcallaet Cuetody - No. F.R. 1993 - 577 Dear Judge Waleh: I wnte today in regard to the above maffer. Affomey DissJnger has or is about to file a petition to make a rule absolute in this case. However, service of the original petition and rule has not been mede upon the defendant. MS. Dissinger has totally and Imowlngly misrepresented the facts in this case regarding service. I have purposely not =ommunicated this to the court to date, since I hoped that my communication with her would discourage her from continuing on this tack. However, she has persisted in this, despite my efforts to the contrary, and now I must bdng this to the Court's attention. I did represent the defendant in his divorce and related matters which began ten years ago while I was a partner in the firm of Irwin, Ir#in & McKnight The case concluded perhaps eight yearn ago, after I opened my own law office. The divorce was granted and custody and support were arranged. I have not represented nor have I had any communication with the defendant eince that time, When Ms. Dissinger filed her petition and rule, she sent It to my former partner, Roger Irwin, whom she said was the attorney of record. Roger Irwin has never represented Fred Lescalleet to my knowledge, nor does he carry on any practice in the family law area. He forwarded the paperwork to me. I then informed Ms. Dissinger that I do not represent Mr. Lescalleet, that she should not consider that the papers had been served and that I would not a=capt service on his behalf. Nevertheless, Ms. Dissinger then filed a certificate of service in which it is stated that she served Roger Irwin (who never represented this defendant) by mailing the petition to me (who is no longer associated with Roger Irwin). I again corresponded with her, on October 25, 2003, stating that I have not been a partner with Roger Irwin since July 31, 1994, that I have not been retained by Mr. Lescalleet, that I do not represent Mr. Lescalleet and that I From, If~ ,IN L~/~FIOE 717 243 9200 12/] 1/2003 ]4:22 #i37 P,O(O/O04 IRWIN LAW OFFICE Melton~J v. Lesr. allee! DeGemiH.' 1'1, 3003 Page Two have no idea how to contact him. I indicated that if she persisted in this manner, I would report her inappropriate conduct to the Court Administrator and the Court, Today I received in the mail a copy of her petition to make the rule absolute. Your Honor, the defendant has not been served, Them are pro(;edural steps which Ms. Dissinger must take in order to have him properly served so that he can defend himself. I ask that the Court direct Ms, Dissinger to follow the appropriate pro~edure and that she be direr--ted to =ease and desist from continued improper and unprofessional conduct in the handling of this matter. Thank you for your cooperation in this matter. ,. Sincerely, Fror~.IR~IN LA~' OFFICE 717 243 9200 12/ll/2003 14:22 #137 P.004/004 HAROLD ~. iRWIN, I NATHAN C. WOLF RHONDA ROBERT D. KERi L. LEIPOLD IRWIN LAW OFFICE f4~OUTHPITTSTREET e-mail: i~winlaw~eatthlink, net October 25, 2003 MARY A DIS$1NQER ESQ DI$$1NGER & DISSINGER 28 N 32"D ST CAMP HILL PA 17011 RE; Mahoney v. Lescalleet 717-24~6090 PHONE 7~ 7-243-9200 Dear Mary: I really cannot believe that you am pretending to have sewed Mr. Lescalleet. Would it make any difference to you to know that I have not been associated with Roger Jn~virl or the fit'lTt Of Irwin, ~rwin & McKnight, Irwin, MGKnight & Hughes, or now Irwin & Mu'Knight, since July 31, 1994777 Mary, I have not been retained by Mr. Lescalleet, I do not represent him and I have no idea where he even is to communicate w~th him. What purpose are you serving by filing a certificate of service that indicates that you have sewed Roger Irwin (who never represented Fred) by mailing your petition to me (who Js not associated with Roger)??? Shall I report this matter to the Court Administrator and President Judge of Franklin County??? Fro~:f~fN L^~ ~F!OE 717 _40 92~ 12/11/2~3 14:2t #137 P.~l/~4 RHONDA $. IRWIN ROBERT O. STAMBAUGH IRWIN LAW OFFICE M &OUTN PITT www, iMielewoffiM.com e-mail: im4nlaw~eBrthlink, net 717-24~-g200 FA~,SIMILE GOVER SHEET To: Company: Phone: Fax: JUDGE WALSH 717-264-4125 717-261-3163 From: Phone: Fax: Hal Irwin 717-243-6090 717-243-9200 Date: Pages including this cover page: DECEMBER 11, 2003 Commen~: MAHONEY V. LESCALLEET Custody-No.F.R. 1993-577 ~lql'~: If y~u clld nM rtc~ve ill ~' iht ~ or If Y~a h~e any problem with the elaHty of tlt(9 ~ please rail u.~ et the number Heted on Ihll lebeh~te~l. THANK YOUI HAROLD S. IRWINi I I I NATHAN C. WOLF RHONDA S. IRWIN ROBERT D. STAMBAUGH KERI L. LEIPOLD PARALEGAL$ IRWIN LAW OFFICE 64 SOUTH PITT STREET CARLISLE, PENNSYLVANIA 47013 www. ifwinlewoff'lce, cotw e-mai/: irwin/aw@earth/ink, net 717-243-6090 PHONE 717-243~9200 FACSIMILE November 8, 2003 COURT ADMINISTRATOR FRANKLIN COUNTY COURTHOUSE 157 LINCOLN WAY EAST CHAMBERSBURG PA 17201 PROTHONOTARY FRANKLIN COUNTYCOURTHOUSE 157LINCOLN WAYEAST CHAMBERSBURGPA17201 RE: Mahoneyv. Lescalleet F.R. 1993 - 577 Dear Sir or Madam: On or about October 10, 2003, the attorney for the plaintiff in this matter, Mary A. Dissinger, Esquire, filed a certificate of service. This certificate indicates that she has served her petition to modify custody and her petition to transfer and rule to show cause "upon the counsel of record for Defendant, Roger Irwin, Esquire, by First Class United States mail addressed as follows: Harold S. Irwin, Esquire, Irwin Law Office, 64 South Pitt Street, Carlisle, PA 17013/' This "service" is defective for a number of reasons, which I will enumerate, and I so advised Attorney Dissinger prior to the filing of this certificate. The reasons that this attempt at service are defective are as follows: 1. Roger Irwin, Esquire has never been, to my knowledge, the attorney of record for Frederick C. Lescalleet, II. 2. Service upon the "attorney of record" by mailing it to some other attorney at another office is defective on its face. 3. Harold S. Irwin, Esquire died in February, 1977. 4. I represented the defendant approximately 10 years ago in his divorce and all matters associated therewith were concluded at that time. IRWIN LAW OFFICE Mlhoney v. Le~c~lleet November 8, 2003 Page Two 5. I no longer represent the defendant, have had no contact with him for approximately ten years, have not been retained by him in this new matter, have not been authorized by him to accept service and, in fact, have no knowledge of his whereabouts. 6. Other than the fact that Harold S. Irwin, esquire, died in February, 1977, I personally advised Attorney Dissinger by telephone and correspondence of all of the above facts. Despite such communication, Attorney Dissinger has insisted on filing the certificate of service, falsely representing to the Court that proper service has been made upon the defendant. A copy of all relevant correspondence in this matter is attached for your review. ask that you take proper action in this case, which would include advising Attorney Dissinger that no further action can be taken in this case until proper service upon the defendant has been made. By copy of this letter I am advising Attorney Dissinger that I do believe that the defendant's mother, Joan Lescalleet, may know where the defendant resides, although it is not with her. Her address is 101 Lawrence Lane, Carlisle, PA 17013. I invite Attorney Dissinger to contact her for further information. Also, assuming that Attorney Dissinger now takes appropriate action in this case, I will not refer this matter to other regulatory or disciplinary resources. Thank you for your cooperation in this matter. MARY A DISSINGER ESQ DISSINGER & DISSINGER 28 N 32"0 ST CAMP HILL PA 17011 HAROLD S. IRWIN, I NATHAN C. WOLF RHONDA S. IRWIN ROBERT D. STAMBAUGH KERI L. LEIPOLD PARALEGALS IRWIN LAW OFFICE 64 SOUTH PITT STREET CARLISLE, PENNSYLVANIA 17013 www. irw/nlawoffice.¢om e-mai/: irwin/aw~.ea/lh/ink, net 717-243-6090 PHONE 717-243-9200 FACSIMILE COVER SHEET To: MARY DISSINGER Company: DISSINGER & DISSlNGER Phone: 975-2840 FAX: 975-3924 From: Phone: Fax: Hal Irwin 717-243-6090 717-243-9200 Date: OCTOBER 25, 2003 Pages including this cover page: 2 RE: MAHONEYV. LE$CALLEET NOTIE: If you did not receive all of the pages or if you have any problem with the clarity of this fax, please call us at the number listed on this letterhead. THANK YOUl CONFIDENTIALITY NOTICE: This fax contains confidential Information which may also be legally pr privileged. It Is Intended only for the use of the addressee named above. If you are not the Intended recipient, or the employee or agent responsible for delivering It to the Intended recipient, you are hereby notified that any dlaxemlnatlon or copying of this fax or the taking of any action on the reliance on the contents of this teleeopled Information may be strictly prohibited. If you receive this fax In error, please notify us Immediately by telephone and return the entire fax to the above address via the US Postal Service. THANK YOUI HAROLD S. IRWIN, I NATHAN C. WOLF RHONDA S, IRWIN ROBERT D, STAMBAUGH KERI L. LEIPOLD IRWIN LAW OFFICE 64 SOUTH PITT STREET CARLISLE, PENNSYLVANIA www. /Twinlawoffice~ com e-mai~: irwin/aw@earth~ink, ne! October 25, 2003 MARY A DISSINGER ESQ DISSINGER & DISSINGER 28 N 32ND ST CAMP HILL PA '17011 RE: Mahoneyv. Lescalleet 717-243-6090 PHQNE 717-243~9200 Dear Mary: I really cannot believe that you are pretending to have served Mr. Lescalleet. Would it make any difference to you to know that I have not been associated with Roger Irwin or the firm of Irwin, Irwin & McKnight, Irwin, McKnight & Hughes, or now Irwin & McKnight, since July 31, 1994777 Mary, I have not been retained by Mr. Lescalleet, I do not represent him and I have no idea where he even is to communicate with him. What purpose are you serving by filing a certificate of service that indicates that you have served Roger Irwin (who never represented Fred) by mailing your petition to me (who is not associated with Roger)??? Shall I report this matter to the Court Administrator and President Judge of Franklin County??? Harold S. Irwin, III DISSINGER DISSINGER Camp Hill Offices: 717.975.2840/voice * 717,975.3924/fax Marysville Offices: 717.957.3474/voice · 717,957.2316/fax October 22, 2003 Linda L. Beard, Prothonotary Franklin County Courthouse 157 Lincoln Way East Chambersburg, PA 17201 RE: Mahoney v. Lescalleet Dear Ms. Beard: Enclosed, you will find two (2) copies of a Certificate o'f Service. Please clock both copies and retain one (1) for your records. Please return the other to me in the enclosed, self- addressed stamped envelope. Thank you. Very truly yours, MAED:ml Encl. 3 cc: Harold Irwin, Esquire Roger Irwin, Esquire Susan Mahoney File 2-03-552 Mary A. Etter Dissinger Attorney at Law Attorneys at Law 28 North Thiro/-Second S~rcet · Camp Hill, PA 17011 SUS~N Mo MAHONEY, A/K/A SUSAN M. LESCALLEET, Plaintiff vs. FREDERICK C. LESCALLEET, II, Defendant : IN THE COURT OF COMMON PLEAS : 39=n JUDICIAJu DISTRICT, PA. : Franklin County Branch : CIVIL ACTION - LAW : F.R. 1993-577 : CUSTODY CERTIFICATE OF SERVICE I, Megan A. Labashosky, hereby certify that on the date set forth below I served a true and correct copy of the Petition to Modify Custody, Petition to Transfer and the Rule to Show Cause upon the counsel of record for Defendant, Roger Irwin, Esquire, by First Class United States mail addressed as follows: Harold S. Irwin, Esquire Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 Date: October 10, 2003 Labashoskyd Transmit report P.1 10/2~/2009 00:47 26WEI77'/5 T0:9~18 RE,TESTAt-ON ST~T TI~E Palm RE~T~ REMA/~XS 9753924 10-26 00:4~ 00:00 97 002/002 OK j REMARK8 TMR:Timer. POL:PoIJ. TRN:Turn around. 2IN:2in] Tx. ORG:Ori~inal size set. DPG:Book Tx F~E:Frame erase Tx. MIX:Mixed ori~inaJ. OALL:ManuaJ-Oom. KRDS;KRDS. FWD:FORWARD FLP:Flip Side 2, SP:Special Original FODDE:Fcode, ~BX:$onfidential, BUL:Bulietin, RLY:Relay, RTX:Re-T×, PS:PS-FAX S-ON:Stop communication, ~usy:~usy, Cont.:Continue, No ans:No answer M-fulJ:~emor¥ fujl, PW-OFF:Power switch OFF, TEL:Rx from TEL II~IlYlN LJlilf OFFIGE FACSIMILE COVER SHEFT To; MARY DI$$1NGER Company: DI$'=qNGER & DIE,~INQER From: Hal Irvvin Phone: 717-243-6090 Fax: 717-243-9200 Date: OCTOEER 25, 2003 Including this Transmit report P.1 10/11/200~ 9759S2R~O4TEST^TION START. TI~E44~e2/~O2 RBLLT RE)~W~S 10-11 01.40 ~:00 OK RE~ARK5 T~R;Timer, POL:Poll, TRN;Turn ~round, 21N:2inl Tx, ORG:Original size sel, OPG:Book Tx F~E:Frame erase Tx, ~IX~ixed original, CgLL:~anua]-Oom, KRDS:KRD~, F~D:FDRffARD FLP:Flip S~de 2, SP:~pecial Original FC~E:Fcode, ~BX:Confidential, BUL:Bulletin, RLY:Rela~, RTX:Re-Tx, PC:PC-FAX S-OK:Stop communication, Busyi~usy, Oont.iOontinue, No ans:No answer ~-fuil:~emory full, ~-OFF:Po~er s~itch OFF, TEL:Rx from TEL IffWIN LAW OFFICE FAC$111flLE COVER SHEET To: MARY DISSINGER Company: DI-~=~INGER & DlSSlNGER From: Hal Irwin Data: OCTOBER 10, 2003 Pagce Including thle HAROLD S. IRWIN, I I I NATHAN C, WOLF RHONDA S. IRWIN ROBERT D. STAMBAUGH KERI L. LEIPOLD IRWIN LAW OFFICE 64 SOUTH PITT S'It'REET C,~I~I. ISI. E, PENNS YI. VJld~IIA 170 ~ 3 www. irwinlawoffice, com e-mail: irwinlaw@ea~hlink, net October t0, 2003 MARY A DISSINGER ESQ DI$SINGER & DISSINGER 28 N 32ND ST CAMP HILL PA 17011 RE: Mahoney v. Lescalleet 717-243-6090 PHONE 717-243-9200 FACSIMILE Dear Mary: As I have indicated on the phone and in correspondence, I do not represent Mr. Lescalleet. Although I have in the past, when I was a member of the law firm of Irwin, Irwin & McKnight, I have not represented Mr, Lescalleet since 1993. As far as I am concerned at this time, when the order was signed by the Court in 1993, it was case closed and my representation ended. I remain unconvinced that just because this case involves custody, I am on the hook for Mr. Lescalleet forever and I have no present intention of filing a petition to withdraw. Furthermore, I left the firm of Irwin, Irwin & McKnJght on July 31, 1994. If there is some kind of continuing responsibility - which I doubt, it would lie with that firm. I also told you that I have no idea where Mr. Lescalleet is living, I spoke with his mother - as a courtesy to you - in the hopes that your pleadings could be turned over to him. She is unaware of his residence as well. For me to accept service - or for you to assume that he has now been served through me, would not only require me to take on Mr. Lescalleet's representation for free, but would also be presumptuous and improper on my part. I sympathize with your predicament, in that it will be hard for you to proceed without obtaining service on Mr. Lescalleet. However, there are proper methods to obtain service by alternative means. I suggest you explore them, rather than attempt improperly to force this on me. truly yours, . DISSINGER }DISSINGER Camp Hill Offices: 717.975.2840/voice · 717,975,3924}fax Marysville Offices: 717.957.3474/voice * 717.957.2316/fax October 10, 2003 Harold S. Irwin, Esquire Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 RE: Mahoney v. Lescalleet Dear Attorney Irwin: I double-checked with the Franklin County Courthouse and I am correct that the law firm of Irwin, Irwin & McNight was counsel of record for Frederick C. Lescalleet, II, in the custody/divorce matter in 1993. You filed a stipulation and agreement of the parties on behalf of Mr. Lescalleet, which was reduced to an Order. Therefore, as counsel of record, I am serving you with a copy of the Petition to Modify Custody and a motion to transfer this matter to Cumberland County. Also enclosed is a copy of a Rule to Show Cause. If you have no intentions of representing Mr. Lescalleet in this matter, you will need to notify the Court of your wish to withdraw as counsel, and I would appreciate it if you would let me know where Mr. Lescalleet can be contacted. Thank you. Very truly yours, Mary A. Etter Dissinger Attorney at Law MAED:ml Encl. 3 cc: Susan M. Mahoney File 2-03-552 Attorneys at Law 28 North Thirty-Second Street · Carap Hill, PA 17011 SUS~NM. ~3%3{ONEY, A/K/A SUSAN M. LESCALLEET, Petitioner vs. FREDERICK C. LESCALLEET, Respondent II, : IN THE COURT OF COMMON PLEAS : 39~n JUDICIAL DISTRICT, PA. : Franklin County Branch : : CIVIL ACTION - LAW : F.R. 1993-577 : CUSTODY RULE TO SHOW CAUSE is issued upon Respondent's counsel, Roger Irwin, Esquire, to show cause why Plaintiff's Petition to Transfer should not be granted. Rule returnable ten (10) days after service. BY THE COURT: J. Transmit report P.1 10/05/2003 01:17 21~_l/t?b TS:B688 R~OTESTATION START. TI~26~/OO1RESUL~~- ~S 9753924 10-05 0 ,16 OO:O0 OK[ REMARKS TMR:Timer, POL:Poll, TRN:furn around, 21N:2inl Tx, ORG:Ori~inal size set, DPG:Book Tx FME:Frame erase Tx, MIX:Mixed original, CALL:Manual-Oom, KRDS:KRD$, F~D:FOR~ARD FLP:Flip Side 2, BP:Special Original FgODE:Fcode, MBX:Oonfidential, BUL:Bulletin, RLY;ReIay, RTX:Re-T×, PO;PO-FAX S-OK:Stop communication, Busy:Busy, Cont.:Oontinue, No ans:No answer M-full:Memory full, P~-OFF:Power switch OFF, TEL:Rx from TEL IRWIN LAW OF~i:IC~E FAC..qlMILI: COVER MARY DI$$1NGER DI551NGER & DII~81NGER Hal I n/Yin OCTOBER 4, 2003 SUSAN M. MAHONEY, A/K/A SUSAN M. LESCALLEET, Plaintiff vs. FREDERICK C. LESCALLEET, II, Defendant : CIVIL ACTION - LAW : F.R. 1993-577 : CUSTODY IN THE COURT OF COMMON PLEAS 39th JUDICIAL DISTRICT, PA. Franklin County Branch CERTIFICATE OF SERVICE I, Megan A. Labashosky, hereby certify that on the date set forth below I served a true and correct copy of the Petition to Modify Custody, Petition to Transfer and the Rule to Show Cause upon the counsel of record for Defendant, Roger Irwin, Esquire, by First Class United States mail addressed as follows: Harold S. Irwin, Esquire Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 Date: October 10, 2003 SUSAN M. MAHONEY, A/K/A SUSAN M. LESCALLEET, Petitioner VS. FREDERICK C. LESCALLEET, II, Respondent : IN THE COURT OF COMMON PLEAS : 39tn JUDICIAL DISTRICT, PA. : Franklin County Branch : CIVIL ACTION - LAW : F.R. 1993-577 m : CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Susan M. Mahoney, residing at, 1088 Grahams Wood Road, mother o[ the ch-~ld, New~ille, Cumberland County, Pennsylvania. 2. Respondent is Frederick C. Lescalleet, father of the child, address is unknown, but Petitioner believes that he may, by the time this matter is filed, be residing in the Cumberland County Prison. Otherwise, he will probably be residing with his mother at 101 Lawrence Lane, Carlisle, Cumberland County, Pennsylvania. 3. Custody of the minor child, Courtney M. Lescalleet, was awarded as follows: Primary physical custody was granted to Petitioner, with periods of temporary physical custody granted to Respondent by Order of Court dated September 7, 1994. (See copy of Order attached hereto as Exhibit "A".) 4. Petitioner seeks to modify the current custody arrangement because: Respondent has neglected the child and refuses to have contact with her for extended periods of time. He has gone months without contacting the child. Respondent has been involved in violent conduct that has resulted in the removal of two (2) male stepchildren from his presence through the aid of a Protection from Abuse Order and a Protective Order being granted to his current wife for the protection of her and her two children. Co Respondent has been found in contempt of his current wife's Protection from Abuse Order at least three (3) times. Respondent failed to appear on September 9, 2003, in Cumberland County, Pennsylvania, for sentencing on the most recent Protection from Abuse contempt and a warrant has been issued for his arrest. So Respondent has taken and/or used illegal drugs in the presence of children. Petitioner requests that Respondent not have contact with the said minor child because he has outstanding drug charges pending against him, and a warrant for failure to appear for sentencing regarding contempt on a Protection from Abuse Order has been issued for his arrest. WHEREFORE, Petitioner requests the Court to modify custody of the child to grant Susan M. Mahoney sole legal and physical custody of the parties' minor child, Courtney M. Lescalleet. Respectfully Submitted: DISSINGERAND DISSINGER Attorney for Petitioner Supreme Court I.D. # 27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Susan M. Mahoney, verify that the statements made in the foregoing document 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. 'Susan M. Mahohey, ~etitioner SUSAN M. LESCALLEET, Plaintiff VS. FREDERICK C. LESCALLEET, II, Defendant IN THE COURT OF COMMON PLEAS 39TH JUDICIAL DISTRICT, PA. Franklin County Branch Civil Action - Law F.R. 1993-577 CUSTODY ORDER OF COUKT NOW, 7~ ~V ~ ~7~ , 19~ , the within Stipulation and Ag~eemedt having been presented, read, considered, and ordered to be filed, the Order of Court in the above captioned cause is as follows: Legal Custody of Courtney Marie Lescalleet, born July 27, 1992 is placed jointly in Susan M. Lescalleet, her mother and Frederick C. Lescalleet, her father. 2. Primary Residential custody of Courtney Marie Lescalleet is awarded to Susan M. Lescalleet, her mother. Frederick C. Lescalleet, II, father, shall have partial custody with Courtney Marie Lescalleet on the following dates at the following times: Every other weekend from Friday at 6:00 P.M. until Sunday at 6:00 P.M. B. Alternating holidays at times mutually agreed upon by the parties. C. At any other times mutually agreed upon by the parties. The Court shall retain jurisdiction of this matter to enter such additional Orders as are in the best interest of the child. BY THE COURT, SUSAN M. MAHONEY, A/K/A SUSAN M. LESCALLEET, Petitioner FREDERICK C. LESCALLEET, II, Respondent : CIVIL ACTION - LAW : F.Ro 1993-577 : CUSTODY IN THE COURT OF COMMON PLEAS 39th JUDICIAL DISTRICT, PA. Franklin County Branch CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Respondent, by First Class United States mail addressed as follows: West Roger Irwin, Esquire Irwin, McKnight & Hughes Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 ~ Date: Mary A? Etter Dissinger d SUSAN M. MAHONEY, A/K/A SUSAN M. LESCALLEET, Petitioner VS. FREDERICK C. LESCALLEET, II, Respondent 39tn JUDICIAL DISTRICT, Franklin County Branch : : CIVIL ACTION - LAW : F.R. 1993-577 : CUSTODY IN THE COURT OF COMMON PLEAS PA. P~.TITION TO TR/%NSFm. R rr~ 32q'D NOW comes Susan Iq. lqahoney, A/K/A Susan ~ i~ .-.~< hescalleet, and requests that the Court transfer the w~hi~ custody action to Cumberland County and in supl~'ort of that petition avers as follows: 1. Petitioner is Susan M. Mahoney residing at 1088 Grahams Wood Road, New-ville, Cumberland County, Pennsylvania. 2. Respondent is Frederick C. Lescalleet, address is unknown, but Petitioner believes that he may, by the time this matter is filed, be residing in the Cumberland County Prison. Otherwise, he will probably be residing with his mother at 101 Lawrence Lane, Carlisle, Cumberland County, Pennsylvania. His counsel of record is Roger Irwin, Esquire. 3. Petitioner has, simultaneously with the filing of this Motion, filed a Petition to Modify Custody. 4. Respondent has, for the majority of the child's life, resided in Cumberland County and had contacts with the judicial system in Cumberland County on a fairly frequent and regular basis in the recent past. 5. Petitioner herein has resided in Cumberland County since 1996. 6. Courtney M. Lescalleet, the minor child of the parties, has also resided in Cumberland County since 1996. 7. Most of the child's significant contacts are with Cumberland County and not with Franklin County. 8. It is in the interest of judicial economy and in the interest of any witnesses who will be called to testify on behalf of Susan M. Mahoney in her Petition to Modify Custody that this matter be transferred to Cumberland County. WHEREFORE, Petitioner requests that the Court transfer the within custody action to Cumberland County. Respectfully Submitted: Mary A. Etter Dissinger Attorney for Petitioner Supreme Court ID # 27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Susan M. Mahoney, verify that the statements made in the foregoing document 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. ~usan M. Mahon~y, P~itioner SUSAN M. MAHONEY, A/K/A SUSAN M. LESCALLEET, Petitioner VS. FREDERICK C. LESCALLEET, II, Respondent : CIVIL ACTION - LAW : FoR. 1993-577 : CUSTODY IN THE COURT OF COMMON PLEAS 39th JUDICIAL DISTRICT, PA. Franklin County Branch CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Respondent, by First Class United States mail addressed as follows: Roger Irwin, Esquire Irwin, McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Date: Etter Disslnger u SUSAN M. MA-HONEY, A/K/A SUSAN M. LESCALLEET, Petitioner VS. : FREDERICK C. LESCALLEET, II, : Respondent : : IN THE COURT OF COMMON PLEAS : 39th JUDICIAL DISTRICT, PA. : Franklin County Branch CIVIL ACTION - LAW F.R. 1993-577 CUSTODY RULE TO SHOW CAUSE AND NOW, this'~/6 day of /~~j, 2003, a rule is issued upon Respondent's counsel, Roger Irwin, Esquire, to show cause why Plaintiff's Petition to Transfer should not be granted. Rule returnable ten (10) days after service. BY THE COURT: Jo SUSAN M. LESCALLEET, : Plaintiff : : VS. : FREDERICK C. LESCALLEET, II, : Defendant : IN THE COURT OF COMMON PLEAS 39TH JUDICIAL DISTRICT, PA. Franklin County Branch Civil Action - Law F.R. 1993-577 CUSTODY .-~ ~ Q1%~EP~QE-~OURT NOW, i~~ ~~0~ , 199~ , the within Stipulation and Agreem~n~ ~avi~g been presented, read, considered, and ordered to be filedT-'th~ Order of Court in the above captioned cause is as follows: Legal Custody of Courtney Marie Lescalleet, born July 27, 1992 is placed jointly in Susan M. Lescalleet, her mother and Frederick C. Lescalleet, her father. Primary Residential custody of Courtney Marie Lescalleet is awarded to Susan M. Lescalleet, her mother. Frederick C. Lescalleet, II, father, shall have partial custody with Courtney Marie Lescalleet on the following dates at the following times: A. Every other weekend from Friday at 6:00 P.M. until Sunday at 6:00 P.M. B. Alternating holidays at times mutually agreed upon by the parties. C. At any other times mutually agreed upon by the parties. The Court shall retain jurisdiction of this matter to enter such additional Orders as are in the best interest of the child. LESCALLEET vs. LESCALLEET - Page 2 SUSAN M. LESCALLEET, : Plaintiff : vs. : : FREDERICK Co LESCALLEET, II, : Defendant : IN THE COURT OF COMMON PLEAS 39TH JUDICIAL DISTRICT, PA. Franklin County Branch Civil Action - Law F.R. 1993-577 CUSTODY STIPULATION AND AGREEMENT OF PARTIES THIS AGREEMENT, made and entered into this __ day of , 19__, by and between Susan M. Lescalleet, of 7500 Molly Pitcher HWY, Lot 61, Shippensburg, Pennsylvania, and Frederick C. Lescalleet, II, of 101 Lawrence Lane, Carlisle, Pennsylvania, witnesseth: WHEREAS, the parties hereto are Husband and Wife, having been married March 14, 1992; and WHEREAS, there was born unto the parties one minor child, to wit: Courtney Marie Lescalleet, born July 27, 1992; and WHEREAS, the parties wish to enter into an agreement for the custody and visitation rights of each party with the aforesaid child. KNOW, THEREFORE, KNOW YE, that the parties hereto, intending to be legally bound hereby, do hereby agree that the Court may enter the following Order of Court in the above captioned matter: ORDER OF COURT NOW, , 19 , the withi~~ Stipulation and Agreement having been presented, read, c~idered, and ordered to be filed, the Order of Court in the aboveN~tioned cause is as follows: . 1. Legal Custody of Courtney Marie Lescalleet, born ~:~ ~ July 27, 1992 is placed jointly in Susan M. Lesc~ kleelt., her mother and Frederick C. Lescalleet, II,her fi ~her. Primary Residential custody of Courtney Marie Lescalleet is awarded to Susan M. Lescalleet, her mother. Frederick C. Lescalleet, II, father, shall have partial custody with Courtney Marie Lescalleet on the following dates at the following times: ao Every other weekend from Friday at 6:00 P.M. until Sunday at 6:00 P.M. LESCALLEET vs. B. C. 4. LESCALLEET - Page 3. Alternating holidays at times mutually agreed upon by the parties. At any other times mutually agreed upon by the parties. The Court shall retain jurisdiction of this matter to enter such additional Orders as are in the best interest of the child. BY THE COURT, IN WITNESS WHEREOF, the parties hereto, have hereunto affixed their hands and seals this /! day of ~5-~_~ , WITNESS~ ' ? L ET ~EUERICK C~ESCALLEET, II COMMONWEALTH OF PENNSYLVANIA : COUNTY OF FRANKLIN : On this, the // day of ~]--(~,/L~ , 19q~, before me, a Notary Public, the undersigned officer, ~ersonally appeared Susan M. Lescalleet, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~ ~ Notary Public NOTA~Y SEAL I~EBORAH WARREN, Notary Pubtic COMMONWEALTH OF PENNSYLVANIA : Shippensburg. Cumberland County PA COUNTY OF FRANKLIN : MyC0mmis~i0n Exp ms Nov 8. 1997 On this, the // day of ~(j~ , 19~ before me, a Notary Public, the undersigned offider, personally appeared Frederick C. Lescalleet, II, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, executed the same for the purposes therein and acknowledged that he contained. IN WITNESS WHEREOF, seal. have hereunto set ~y hand and official Notary Public i NOTARY SEAL DEBORAH WARREN, Notary Public Sh ppensburg Cumberland County, PA MY Corem ssion Expires ~',~ov. 8:1~97 . FYSSll 1993-16577 Franklin County Prothonotary's Office ' Civil Case Print SUSAN M LESCALLEET PLA_HONEY (rs) FREDERICK c' LESCALLEET II Reference No..: FR 1993-577 Case Tv]De ..... : CUSTODY Ju~gmeh~ ..... ~: .00 Juage Assignea: Disposed Desc.: ............ Case Comments ............. Filed ........ : Time ......... : Execution Date Jury Trial... Disposed Date Higher Crt 1. Higher Crt 2. Page 1 12: 00 o/oo/oooo o/oo/oooo General Index MAHONEY SUSAN M 1088 GRAHAMS WOOD ROAD (CUMBERLAND COUNTY) NEWVILLE PA LESCALLEET SUSAN M 1088 GRAPLAMS WOOD ROAD (CUMBERLAND COUNTY) NEWVILLE PA LESCALLEET FREDERICK C II 101 I2~WRENCE LANE (MOTHER) CARLISLE PA PLAINTIFF Attorney Info DISSINGER MARY A ETTER PLAINTIFF DISSINGER MARY A ETTER DEFENDANT * Date Entries * /3i/i994 /oi/1999 ~'9/16/2003 ~/16/2003 1,~/23/2003 ~0/27/2003 ~1/12/2003 ~2/11/2003 ~2/15/2003 vj_2/19/2003 ~2/24/2003 wi/16/2004 ~1/28/2004 1/29/2004 ............. FIRST ENTRY .............. STIPULATION AiqD AGREEMENT IN CUSTODY FILED. BOOK FR 1993-577. PETITION TO TRANSFER FILED AND SENT UPSTAIRS. PETITION TO MODIFY CUSTODY FILED AND SENT UPSTAIRS. RULE TO SHOW CAUSE ISSUED UPON THE RESPONDENT WITH RULE RETURNABLE 10 DAYS AFTER SERVICE FILED WITH COPIES RETURNED MARY A ETTER DISSINGER ESQ DlqD ROGER IRVIN ESQ. BY RICPUtRD J WALSH JUDGE. CERTIFICATE OF SERVICE WITH COPY FILED AND COPY SENT TO ATTORNEY. LETTER REGARDING SERVICE FILED. MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE JUDGE WALSH WITH COPIES FILED AND SENT UPSTAIRS. TO THE HONORABLE JUDGE WALSH COURT DENIED AS PETITIONER HAS FAILED TO SERVE A COPY OF THE UNDERLYNING MOTION ON THE RESPONDENT WITH COPIES FILED AND COPIES SENT TO DISSINGER AND DISSINGER AND COPY TO HAROLD S IRWIN ESQUIRE. BY: RICHARD J WALSH JUDGE. FREDERIC C LESCALLEET II ON NOVEMBER 20 2003. CERTIFICATE OF SERVICE WITH COPIES FILED AND COPIES SENT TO ATTORNEY. MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE JUDGE WALSH WITH COPY FILED AND SENT UPSTAIRS. ORDER DATED JANUARY 27 2004 GRANTING PETITION TO TRANSFER MATTER TO THE CUMBERLAND COUNTY COURT FILED AND COPY SENT TO ATTORNEY. BY RICHARD J WALSH JUDGE. .............. LAST ENTRY .............. .00 .00 .00 BYS511 Franklin County Prothonotary's Office Page 2 Civil Case Print 1993-16577 SUSAN M LESCALmEET MAHONEY (rs) Reference No..: FR 1993-577 Case Type ..... : CUSTODY Ju~gmen% ..... ~: .00 Juage Assignea: Disposed Desc.: ............ Case Comments FREDERICK c LESCALLEET II Filed ........ : Time ......... : Execution Date Jury Trial .... Disposed Date. Higher Crt 1.: Higher Crt 2.: 8/31/1994 12:00 o/oo/0ooo o/oo/0ooo * End of Case Information * ******************************************************************************** Continued from page 577 F,R. 1993-577 SUSAN lt. LESCALLEET, 577-B FREDERICK C. LE$¢ALLEET, II, DEFENDANT SUSAN M. MAHONEY, : IN THE COURT OF COMMON PLEAS A/K/A SUSAN M. LESCALLEET, : 39TM JUDICIAL DISTRICT, PA. Petitioner : Franklin County Branch vs. : : CIVIL ACTION - LAW FREDERICK C. LESCALLEET, II, : F.R. 1993-577 Respondent : CUSTODY ORDER 77 7 A_ND NOW this day of ~Otg( , 2004, no objections having been filed, Pl~(intiff's Petition to Transfer the above-captioned matter to the Cumberland County Court is granted. BY THE COURT: ,30 SUSAN M. MAHONEY, : A/K/A SUSAN M. LESCALLEET, : Petitioner : VS. : FREDERICK C. LESCALLEET, II, Respondent : IN THE COURT OF COMMON PLEAS 39=h JUDICIAL DISTRICT, PA. Franklin County Branch CIVIL ACTION - LAW F.R. 1993-577 CUSTODY MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE JUDGE WALSH 1. On December 11, 2003, a Motion was filed to make rule absolute, a copy of said Motion is attached hereto as Exhibit "A." 2. A copy of the Motion was served by regular mail on Attorney Harold So Irwin, III, on or about December 8, 2003. 3. A copy of the Motion was also served on Frederick C. Lescalleet, II, on or about December 22, 2003. 4. No response has been filed by Frederick C. Lescalleet, II, nor Attorney Harold S. Irwin, III. WHEREFORE, it is respectfully requested that the within custody case be transferred to Cumberland County. XeD Respectfully submitted: DISSINGERAND DISSINGER Mary A. Etter Dissinger, Attorney for Petitioner Supreme Court ID # 27736 28 N. 32n~ Street Camp Hill, PA 17011 (717} 975-2840 VERIFICATION I, Mary A. Etter Dissinger, verify that the statements made in the foregoing document 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. Mary A. Etter Dissinger SUSAN M. MAHONEY, A/K/A SUSAN M. LE$CALLEET, Petitioner VS. : FREDERICK C. LESCALLEET, II, Respondent : IN TFLE COI/RT OF COMMON PLEAS 39~ JUDICIAL DISTRICT, PA. Franklin County Branch CIVIL ACTION - LAW F.R. 1993-577 CUSTODY ORDER AND NOW this day of 2003, no objections having been filed, Plaintiff's Petition to Transfer the above-captioned matte~ to the Cumberland County Court is grafted BY THE COURT: EXHIBIT SUSAN Mo ~qONEY, A/K/A SUSAN M. LESCALLEET, Petitioner VS. FREDERICK C. LESCALLEET, Respondent II, 39:n JUDICIAL DISTRICT, Franklin County Branch : CIVIL ACTION ~ LAW ~ : F.R. 1993-577~ ~ ~c= : CUSTODY ~ ~-- r~cm IN THE COLTRT OF COMMON PLEAS PA. MOTION TO }fAKE RULE ABSOLUTE TO THE HONOI°-ABLE ~DGE~.WAIafF~ The Petition respectfully represents: ~ ~ 1. Petitioner is Susan M. l~ahoney, who resides at 1088 Grahams Wood Road, Negzville, cumberland County, PennsylvaniA'. 2. Respondent is Frederick C. Lescalleet, II, who resides at 101 Lawrence Lane, Carlisle, Cumberland County, Pennsylvania. 3. A Petition to Transfer ~;as filed ~ith this Honorable Court on S~ptemmer 16, 2003. reque=~em ~ A Rule to Snow Cause ~,,ay the relief -~ ' saou!a g~a..=e~ was signed by the Honorable p~h=~ j ....... on S~p_~mo~r 18 2003 5 The Ru~= to Show Cause of S=~=~=~ : ~ -"~ .... ~2003 (See cody of Sheriff's Return from Cu.~la..2 Counay ~=~ ~-' Office a=/a~ae~ as ~x~!Dl= - ~ Rule ~-'~ ~. ~ _r.e ~o Show Cause ~;as s~ Harold S ~" ~ --- ~ ....... :' -t-" ' ' -==~' counsel for the Defendant, cr aDc'z: Os~ober = ~ , 2003 (See cc~v_, of my. letter to Roger L~ Irwin, Esquire, dated October 1, 2003 at~ached as Exhibit KB" and a copy of the fax transmittal sheet from Harold S. Irwin, III, Esquire, dated October 4, 2003, attached as Exhibit '~C"). 7. Attorney Harold S. Irwin, III, Esquire, has filed no objection to the Petition ~o Transfer. 8. No response has been received from Frederick C. Lescalleet, II. WHEREFORE, Petitioner, Susan.~. Mahoney, requests the Court to sig~ the attached Order permitting this ma~ter to be ~ransferr~d to the Cumberland County Court. Respectfully submitted: DISSINGER A_ND DIS$INGER Ma~y A. Etter Dissinger, Attorney for Petitioner Supreme Court ID ~ 2773~ 28 ~[. 32~= Street Ca~p Hi!l, PA 17011 {7!7) 975-2~40 From: CASE NO: 2003-00742 T COPkM0~UrrEALTH OF PENNSYLVA_%'rA: COU~.'TY OF Ctu~BERL~ ~C~O~EY SUSa=% M ET ~ VS LESC.~LEET FREDERICK C II ~2,/04 "-'%03 [0 :"38 ¢438 P .002./003 - REGUT-ki~ .' ROBERT B i TATE-R Cumberland County, PeD~nsy!vania, says, the within RULE TO SHOW CAUSE LESCALLEET FREDERIC C II DEFENDANT , at 0010:42 HOURS, at 101 LA~t~-RENCE C~_RL!SLE, PA 17013 FREDERICK C. LESCALLEET, a true and attested copy of RULE TO SKOW CAUSE PETITION FOR TR~AIqSFER, PETITION TO MODIFY CUSTODY and at the same time directing His a~ter, tion Sheriff or Deputy Sheriff of who being duly sworn according to law, was served ~pon the on th~l~0=h day of ~ovember , together with by han~ing to to ~he con%ents 2003 thereof. Sheriff's Costs: Docketing 18.00 Service 16 .97 Affidavi~ 2.50 .00 37.47 R. Thomas K!ine ~- /2~/2~-~ } Eepu~-5' ~neriff EXHIBIT .From: SHERIFF SERVICE PROCESS RECEIPT, artd AFFIDAVIT OF RETURN pLAINTIFF/S/ SUSAN M MAHONEY DEFENDANT/S/ FREDERICK C, LESCALLEET II SHEklFF'S'OFFI.; -" 157 Lincoln Way East, Chambersburg, Pennsylvania 17201-22,33 INSTRUCTIONS FOR SERVICE OF pROCESS PLEASE TYPE OR PRINT LEGIBLY. 2. COURT NUMBER , F{ULE TO SHOW CAUSE SERVE ~,-~'~'~ FREDERICK C. LESCALLEET, II AT ~, A~)ORE$S (Street- Apartment Number, City, Borough,Township, State, ~ Zip code) ~ 1 KATIE ~NE, SHIPPENSBURG, PA 172~7 7. INDICATE U~UAL SERV,CE~ I C~M~ON, OF PA Ix pEPUTi~E I pTHER qOW, NOVEMBER 6 2{~, t, SHERIFF OF FRANKLI~ COUNTY, PA., do deputlze~rilf~ CUMBERLANO Coun~ to ox~uto ~ 3 Wr ~ and re=kc rc,urn {hereof c.~or~to la~ This depu~Jon is beJng made at t~e request and tis.< of ~he ~H~RIFF SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ~Sl~ IN EXPEDITING SERVICE: 5. N.~.M~ OF INDIVIDUAL, COMPAbiY, COP, PORATIO,~,:"~C. ta serve OR Oescription of pr~pert'! to 9. SIGNA'FURE OF ATTORNEY or ethe~RIQINATORMARY A.E'n'ER DISSINGER110'TELEPHbNE NUMBER 111' DATE 13. I ac~l~ge re~lpt of t~~ SIGNATURE ef A~HORIZED FC80 ~epu~ o~ Cler~ 114. D~te Received J 15. Explratfon Dat~ CI~OY J11-08-03 I ~. ~ata DISSnqGER' DISSINGER Camp Hill O~'fices: 7t7.975.2540/','oic¢ · 717.97.5 3924/fax :,.lar,vsv ¢ Office~: 7tT.9.57.3474/','oice · 7tT.957.23t~/fax October 1, 2003 Roger Irwin, Esquire Irwin, NcKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 ,I RE: Mahoney v. Lescalleet Dear Attorney Irwin: I represent Susan M. Mahoney. Enclosed, you will find a Petition to Modify Custody, a Motion to Transfer Custody to Cumberland County and a Rule signed by Judge Walsh, returnable ten (10) days after service. Please consider yourself served with the Rule and let me know whether or not you intend to file any objections to tke transfer. I would also appreciate hearing from you to know whether or not the underlined Petition to Modify can be resolved out of Court. Thank you for your attention. Very truly yours, N~ED:m! Eric!. 3 cc: Susan M. Mahoney File 2-03-552 Hary A. E~ter Dissincer Attorney at Las..' EXHIBIT FFC~:[R~[N LAW OFFICE ' - 217 243 92b~3 13/05 =L%~.~ UI:tb ~lU4 ~.~Jt/Lt~l RHONDA $. iRWIN ROE, ER'F D. GTAMaAUGH KES[t L. LE{~OLD IRWIN LAW OFFICE 64 SOUTH PiTT STREET C~RI.I~L,E~ P£NNSYLVANIA 1~0f3 e-mai/: i[',vinlaw~,~arthlink, n~t 717-243-50~ 717.243-9200 FACSIM/£E COVER SHEET To: MARY DISSINGER Company: Phone: FAX: Frgm: Phone: Fax: Date: Pages including this cover page: DiSSINGER & DISSINGER 97'5-2840 975-3924 Hal Irwin 71 7-243-6090 717-243-9200 OCTOBER 4, 2003 1 RE: MAHONEY / LESCALLEET MARY- ROGER IRWIN FORWARDED YOUR PLEADINGS TO ME SINCE HE DOES NOT REPRESENT FRED LESCALLEET, HOWEVER, NEITHER DO I. 1 DID GIVE YOUR FIRST SET OF DOCUMENTS TO FRED'S MOTHER, BUT SHE DOES NOT HAVE ANY CONTACT WITH FRED. DO NOT CONSIDER THAT THESE PLEADINGS OR RULE TO SHOW CAUSE HAVE BEEN SERVED UNTIL YOU SERVE FRED DIRECTLY. I WILL NOT ACCEPT SERVICE FOR FILM. EXHIBIT SUS.~M M. 5t~HONEY, A/K/A SUSA~M M. LESCALLEET, Petitioner vs. FREDERICK C. LESCALLEET, II, Respondent IN THE COURT OF COMMON PLEAS 39:~ JUDICIAL DISTRICT, PA. Franklin County Branch CIVIL ACTION : F.R. 1993-577 : CUSTODY CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon Harol~,,S. Irwin, III, Esquire, by depositing same in the United States Mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esquire Irwin Law Office 64 South Pit~ Street Carlisle, PA 17013 Date: Mary A. Ecter Dzssrnger SUSAN M. MAHONEY, A/K/A SUSAN M. LESCALLEET, Petitioner FREDERICK C. LESCALLEET, II, Respondent : CIVIL ACTION - LAW : F.R. 1993-577 : CUSTODY IN THE COURT OF COMMON PLEAS 39th JUDICIAL DISTRICT, PA. Franklin County Branch CERTIFICATE OF S~RVICE I, Mary A. Etter Dissinger, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon Harold S. Irwin, III, Esquire, and the Respondent, Frederick C. Lescalleet, II, by depositing same in the United States Mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esquire Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 Frederick C. Lescalleet, 101 Lawrence Lane Carlisle, PA 17013 II Date: Mary A. Etter Dissinger SUSAiq M. MAHONEY, ~/K/A SUSAN M. LESCALLEET, Petitioner vs. FREDERICK C. LESCALLEET, II, Respondent : IN THE COURT OF COMMON PLEAS : 39th JUDICIAL DISTRICT, PA. : Franklin County Branch : CIVIL ACTION - LAW : F.R. 1993-577 : CUSTODY CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, do hereby certify that a copy of the Motion to Make Rule Absolute and the proposed Order attached hereto as Exhibit I has been duly served upon Frederick C. Lescalleet, II, by depositing same in the United States Mail, postage prepaid, addressed as follows: Frederick C. Lescalleet, II 101 Lawrence Lane Carlisle, PA 17013 and a copy of the letter attached as Exhibit II was also mailed to him on the date set forth below. Date: Mary A. Etter Dissinger SUSAN M. MAHONEY, A/K/A SUSAN M. LESCALLEET, Petitioner VS. FREDERICK C. LESCALLEET, II, Respondent IN TFEE COURT OF COMMON PLEAS 39~h JUDICIAL DISTRICT, PA. Franklin County Branch CIVIL ACTION - LAW F.R. 1993-577 CUSTODY ORDER AND NOW this day of , 2003, no objections having been filed, Plaintiff's Petition to Transfer the above-captioned matte~ to the Cumberland County Court is granl~ed. BY THE COURT: Jo EXHIBIT SUSAN M. MAHONEY, A/K/A SUSAN M. LESCALLEET, Petitioner VS. FREDERICK C. LESCALLEET, II, Respondent IN THE COURT OF COMMON PLEAS 39~ JUDICIAL DISTRICT, PA. Franklin County Branch CIVIL ACTION ~ LAW '~ '~ F.R. 1993-577 --~ ~ ~>-o CUSTODY ~~-~ ~ ~ MOTION TO MAKE RULE ABSOLUTE TO THE ~{ONORAB&E .~DGE~.WAL~ .cp. -<_< - The Petition respectfully represents: ~ 1. Petitioner is Susan M. Mahoney, who resides at 1088 Grahams Wood Road, Newville, Cumberland County, Pennsy!vania~. 2. Respondent is Frederick C. Lescalleet, II, who resides at 101 Lawrence Lane, Carlisle, Cumberland County, Pennsylvania. 3. A Petition to Transfer was filed with this Honorable Court on September 16, 2003. 4. A Rule to Show Cause why the relief requested should not be granted was signed by the Honorable Richard J. Wa!sh on September 18, 2003. 5. The Rule to Show Cause of September 18, 2003, was served upon Frederick C. Lescaltee~, II, on November 20, 2003 (See copy of Sheriff's Return from Cu~aberland County Sheriff's Office a~tached as Exhibi~ "A") . i! 6. A copy of the Rule to Sho~,' Cause was served on ~Haro!d S. irwin, !II, Esquire, counsel for the Defendans, abou~ Oc%ober 4, 2003 (See copy of my letter ~o Roger Irwin, Esquire, dated October 1, 2003 at~ached as Exhibit '~BH and a copy of the fax transmittal sheet from Harold S. Irwin, III, Esquire, dated October 4, 2003, aatached as Exhibi~ "C"). 7. Attorney Karold S. Irwin, III, Esquire, has filed no objection to the Petition to Transfer. 8. No response has been received from Frederick C. Lescalleet, II. WHEREFORE, Petitioner, Susan ~. Mahoney, requests the Court to sig9 the attached Order permitting this matter to be transferred to the Cumberland County Court. Respectfully submitted: DISSINGER ~ DISSINGER Mary A. Etter Dissinger, Attorney for Petitioner Supreme Court ID ~ 27736 28 N. 32~ Street Camp Hill, PA 1701% (717) 975-2840 ' From: CASE NO: 2003-00742 T !2A34~,~ 10:58 #436 P.002/003 ~LERiFF ' S RETU~-N - REGLV~A.~ COMMO~/EALTK OF PEN-NSYLVk~IA: COt31qTY OF CS~BERLJ~X~D I/J~ONEY SUSa_\' M ET AL VS LESC.A-LLEET FREDERICK C ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland Coun~y, Perunsylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSD was served upon LESCALLEET FREDERIC C II DEFENDANT , at 0010:42 HOURS, at !01 LA'~ENCE LAN~ CARLISLE, PA 17013 FREDERICK C. LESCALLEET~ II a true and attested copy of RULE TO S~OW CAUSE PETITION FOR TR3d~SFER, PETITION TO MODIFY CUSTODY the on thel~0uh day of ~ovember , 2003 together with by handing to the same time directing .His a~=ention to the con~ents thereof. sheriff,s Costs: Docketing 18.00 Service 16.97 Affidavit 2.50 Surcharge .03 .00 37.47 Sworn and Su_~scriba¢ to before r.e chis des- of A.D. Thom, as K!ine !L/2i/2C03 DISSINGER & DISSINGER EXHIBIT .From: .-. 12/04-'%03 10:59 #438 P.rJu;/tud 157 Lincoln Way East, Chambersburg, Pennsylvania 17201-2233 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN pLAINTIFF/S/ SUSAN M MAHONEY ~3EFE~DANTIS/ FREDERICK C. LESCALLEET II INSTRUCTIONS FOR SERVICE OF pROCESS PI_EASE TYPE OR PRINT LEGIBLY. 2. COURT NUMBE.~ RULE TO SHOW CAUSE 5. NAME OF IND[VIOUAL, COMPANY, CORPORATIO,~,~"~C. to serve OR Description of ;re. peck/to be Le~.od, A~t&cne~, or Sold SERVE ~'~'~ FREDERICK C. LESCALLEET, II AT 6. ADDRESS (Street- Apartment Number, City, Eomugh,T(3wmh;p, State, and ZIp code} >~--~'~'~.~ 1 KATIE LANE, SHIPPENSBURG, PA 17257 7. INDICATE USUAL SERVICEt I COMMON. OF PA lX IDEPUTIZE I pTHER 4OW, NOVENB;R · 2e3 , I, SHERIFF OF-FRANKLIN COUNTY, PA.. do CUMB~.RLAND ~oun~ to oxoeuto thl3-Writ ,3nd makc rcturn thoraof ~ccordir-~-to Thms deputation is being mede at the request and risk of the vSH-'RIFF SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ~OTE ONLY APPLICABLE ON WR;T OR EXECUTION: N.B. WA3VER OF WATCH~ANo A,~¥ Deputy ~bedff le~ng u~n or at~ehlng any prope~ under ~l~ln 9. EIGNATURE OF A~ORNEY or oth~ O~IQI~TOR 110. ~LEPHbNE NUMBER 111. ~ATE I I MARY A.E~ER DISSlNGER [8 N 32ND ~REET, CAMP HILL, PA 1~011 ..... CINDY 1-0B-03 2-05-03 I' I SH~-RIFF OF FRANKLIN COUN~Pt' DIS NGER DISSINGER Camp Hill Offices: ?lT.975.2540/voice · tl,.%=.39.4/fax Marysv e Offices: 717.957.3474/voice ,, 7tT.957.23t6/fax October 1, 2003 Roger Irwin, Esquire Irwin, McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 RE: Mahoney v. Lescalleet Dear Attorney Irwin: I represent Susan M. Mahoney. Enclosed, you will find a Petition to Modify Custody, a Motion to Transfer Custody to cumberland County and a Rule signed by Judge Walsh, returnable ten (10) days after service. Please consider yourself served with the Rule and let me know whether or not you intend to file any objections to the transfer. I would also appreciate hearing from you to know whether or not the underlined Petition to Modify can be resolved out of Court. Thank you for your attention. Very truly yours, SLUED:m! Encl. 3 cc: Susan M. Mahoney File 2-03-552 Mary A. E~ter Dissi~ger Attorney at Law EXHIBIT 25 No::~ Thi~,,.$ecor. d Street · Ca.':~p Hit[, P.-X tTOtt .~ NATHAN C. WOLF RHONDA $. IRWIN ROBERT O. STAMaAUGH KE~I L. LE[FOLD IRWIN LAW OFFICE 64 ~;OUTH PITT STREET CARLI~,JE~ PENNSYLVANIA 17013 www,//win!awofficg,co~ e.~ail: i,'winlaw,~.eerthlink.~t 7I 7-743-60~3 717-243-g200 FACSIMILE COVER SHEET To: Company: Phone: FAX: Fr,qm: Phone: Fax: MARY DISSINGER DISSINGER & DIS$1NGER 975-2840 975-3924 Hal Irwin 717-243-6090 717-243-9200 Date: Pages including this cover page: OCTOBER 4, 2003 1 RE: MAHONEY / LESCALLEET MARY - ROGER IRWIN FORWARDED YOUR PLEADINGS TO ME SINCE HE DOES NOT REPRESENT FRED LESCALLEET. HOWEVER, NEITHER DO h I DID GIVE YOUR FJRSTSET OF DOCUMENTS TO FRED'S MOTHERj BUT SHE DOES NOT HAVE ANY CONTACT WITH FRED. DO NOT CONSIDER THAT THESE PLEADINGS OR RULE TO SHOW CAUSE HAVE BEEN SERVED UNTIL YOU SERVE FRED DIRECTLY. I WILL NOT ACCEPT SERVICE FOR HIM. NOTE.' ~f you did not re;eive afl of the pages er If y~u haYe any pro~le~ with the clarity of this tax. pleas.= call us at thc number listed on th~$ [ettmrhe~d. THANK YOU! CONFIDENTIALITY NOTICE: Thl~ fax contalna confidential Information which may ar~.o be leg=ll¥ pr privileged. It I~ EXHIBIT SUSA/~ M. ~3%HONEY, A/K/A SUSAN M. LESCALLEET, Petitioner vs. FREDERICK C. LESCALLEET, II, Respondent : IN THE COURT OF COMMON PLEAS 39=n JUDICIAL DISTRICT, PA. Franklin County Branch : : CIVIL ACTION - LAW : F.R. 1993-577 · CUSTODY CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon Harold~S, Irwin, III, Esquire, by depositing same in the United States Mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esquire Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 Date: Mary A'. E¢~er Dlssrnger DISSINGER } DISSINGER Camp Hill Offices: 717.975.2840/voice · 717.975.3924/fax Marysville Offices: 7IT.957.3474/voice · 7IT.957.2316/fax December 22, 2003 Frederick C~ Lesc~lleet, 101 Lawrence Lane Carlisle, PA 17013 Dear Mr. Lescalleet: Enclosed, find a Motion to Make Rule Absolute for the purposes of transferring your custody file to Cumberland County. Very truly yours, MAED:ml Encl. 1 cc: Susan Mahoney Harold S. Irwin, File 2-03-552 III Mary A. Etter Dissinger Attorney at Law Attorneys at Law 28 North Thirty-Second Street · Camp Hill, PA 17011 400 South State Road * Mao'sville, PA 17053 EXHIBIT "II" SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1993-16577 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN SUSAN M LESCALLEET MAHONEY VS FREDERICK C LESCALLEET II ROBERT WOLLYUNG , Sheriff who being duly sworn according to law, that he made a diligent search and inquiry for the within name DEFENDANT , to wit: LESCALLEET FREDERICK C II but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CUMBERLAND County, Pennsylvania, to serve the within RULE TO SHOW CAUSE On November 26th, 2003, this office was in receipt of the attached return from CUMBERLAND County, Pennsylvania. Sheriff's Cost: Docketing Out of County Surcharge 00 00 00 00 00 00 Robert Wollyung, S~iff / 12/16/2003 DISSINGER AND DISSINGER Sworn and subscribed to before me this ~3 day of /~ . A~D. Notarlal S~al Rid~rd D. Idc~a~,, Not~ PuMi~ Ch~nbe~b~t~ Boto, Franklin Coum~ Nly Cemmis~on F~ Jan. 29, 2007 SHERIFF' S RETURN - REGULAR CASE NO: 2003-00742 1 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAHONEY SUSAN M ET AL VS LESCALLEET FREDERICK C II ROBERT BITNER , Cumberland County, Pennsylvania, says, the within RULE TO SHOW CAUSE LESCALLEET FREDERIC C II DEFENDANT , at 0010:42 HOURS, at 101 LAWRENCE LANE CARLISLE, PA 17013 FREDERICK C. LESCALLEET, a true and attested copy of RULE TO SHOW CAUSE PETITION FOR TPJtNSFER, PETITION TO MODIFY CUSTODY and at Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 20th day of November , together with by handing to 2003 the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.97 Affidavit 2.50 Surcharge .00 .00 37.47 Sworn and Subscribed to before me this ~'--day of Notary So Answers: R. Thomas Kline 11/21/2003 DISSINGER & DISSINGER ) Deputy SSeri~f Commission Expire SUSAN M. MAHONEY, A/K/A SUSAN M. LESCALLEET, Petitioner VS. FREDERICK C. LESCALLEET, II, Respondent IN THE COURT OF COMMON PLEAS 39~h JUDICIAL DISTRICT, PA. Franklin County Branch CIVIL ACTION - LAW F.R. 1993-577 CUSTODY ORDER AND NOW this /~ day of ~ , 2003, no objections having been filed, Plaintiff's Petition to Transfer the above-captioned matter to the Cumberland County BY TH~ COURT: SUSAN M. MAHONEY, ~A/K/A SUSAN M. LESCALLEET, Petitioner VS. FREDERICK C. LESCALLEET, II, : IN THE COURT OF COMMON PLEAS : 39~h JUDICIAL DISTRI. CT, PA. · Franklin County~ranch ,~ ~ · CIVIL ACTION - ~ ~:~ : F.R 1993-577 Respondent : CUSTODY MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE The Petition respectfully represents: 1. Petitioner is Susan M. Mahoney, who resides at 1088 Grahams Wood Road, Newville, Cumberland County, Pennsylvania. 2. Respondent is Frederick C. Lescalleet, II, who resides at 101 Lawrence Lane, Carlisle, Cumberland County, Pennsylvania. 3. A Petition to Transfer was filed with this Honorable Court on September 16, 2003. 4. A Rule to Show Cause why the relief requested should not be granted was signed by the Honorable Richard J. Walsh on September 18, 2003. 5. The Rule to Show Cause of September 18, 2003, was served upon Frederick C. Lescalleet, II, on November 20, 2003 (See copy of Sheriff's Return from Cumberland County Sheriff's Office attached as Exhibit "A"). 6. A copy of the Rule to Show Cause was served on Harold S. Irwin, III, Esquire, counsel for the Defendant, or about October 4, 2003 (See copy of my letter to Roger on Irwin, Esquire, dated October 1, 2003 "B" and a copy of the fax transmittal ,Irwin, III, Esquire, dated October 4, Exhibit ~C'). attached as Exhibit sheet from Harold S. 2003, attached as 7. Attorney Harold S. Irwin, III, Esquire, has filed no objection to the Petition to Transfer. 8. No response has been received from Frederick C. Lescalleet, II. WHEREFORE, Petitioner, Susan M. Mahoney, requests the Court to sign the attached Order permitting this matter to be transferred to the Cumberland County Court. Respectfully submitted: DISSIN~ERAND DISSINGER ~ary A. Etter Dissinger, Attorney for Petitioner Supreme Court ID # 27736 28 N. 32na Street Camp Hill, PA 17011 (717) 975-2840 'Froa: CASE NO: S}{ERIFF ' $ 2003-00742 T COMMONWEALTH OF PENNSYLVA_~;IA: COUNTY OF CUMBERLAND MA~ONEY SUSAN M ET AL VS LESCALL~T FREDERICK C II. R.ETUR.N I2/04/°q03 I0:58 #436 P.O02/OOS - Rw. GUI~AK ROBERT B~TbrER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE was served upon LESCALLEET FREDERIC C II the DEFENDANT , at 0010:42 HOURS, on the .20~ day of November , ~003 at 101 LAWRF~NCE LANE CARLZS~E, PA 17013 by handing to FREDERICK C. LESCALLEET, II a true and attested copy of RULE TO S~OW CAUSE together with ~ETITION FOR TRANSFER, PETITION TO MODIFY CUSTODY and a~ the same time directing ~£s attention ~o =he contents thereof. Sheriff's Co~ts: Docketing 18.00 Servic~ 16.97 Affidavi~ 2.50 Surcharge .00 37.47 Sworn and subscribed to before me this day of A.D. So Answers: R. Thomas Kline 1!/21/2003 DISSINGER & DISSINGER Deputy SSerzff Notary EXHIBIT 12/04'°q02 10:59 ~ P.002/002 SHE tl FI 'S O FFI,. E 157 Lincoln Way East, Chambersburg, Pennsylvania 1720t-2233 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN '1. pLAINTIFF/S/ SUSAN M MAHONEY 3. DEFE~JDA NT/et FREDERICK C, LESCALLEET J! 2. COURT NUMBEs RULE TO SNOW CAUSE SERVE -5, NAME OF INDIVIDUAL, COMPANY, CORPORATIO~I~,ETC. ta serve OR Description of pFopert~ to t~e Levied, Attached, or Sold ;~ FREDERICK Ci LESCALLEET, II  ~l. ADDRESS (Street* Apartment Number, City, Eorougi'J,Townsh;p, State, end Zip code) I KATIE LANE, SHIPPENSBURG, PA 17257 NOW, NOVEMBIm a 2ia. , l, SHERIFF OF-FRANKLIN COUNTY, PA., ~o deputlze~riff~p__~, CUI~I~RkANO COUnty to BX0¢Ute t~le Writ and makc return thereof according to This deputation is be.~ng mede at the request end risk of the SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSlI~I' IN EXPEDITING SERVICE: ,IOTE ONLY APPLICABLE ON WRIT OR EXEC~T'ION: N.B. W~VER OF WATCHMAN- Any Deputy ~herlff levying [~p~n or etlamhlng any pro'ir/under wlffiln vr~t may leave ease wlth0Ltt a waterman, t~ ~at~ly of whomever is found In p~4~ttlon, Iftar notifying person of levy Or attac~'~ment, wilhout ~. SIGNATURE OF ATTORNEY or other ORIQINA?OR I10..TELEPNONE NUMEER ! 1~. I~ATE MARY A E'I'rER DIS~INGER I I t2. 8END NOTICE OF SERVICE COPY TO NAME AND ADDRBeE BELOW: (Thli are~ muat bi completed If notice la to be mailed) !,,8,, N 32ND STREET. CAMP HILL. PA 17011 ...... 13. I eeknowledili receipt ef the 1 81GNATURS of AUTHOR ZED FCeO Deputy or Clerk ]14. Dale Rlmi~ved/ ii. Expiration Date wrltoroomplefotaetndleetad )' ,-.iNOY,~Dy /~.,,= ^~ I,,~ ^~ ^~ hereby CERTIFY'/nd Re~urll ~it I . hive para,anally Jarred, . . have legal evfdence of service a~ ehown I'n "Remarke', , have ddreee ahowR above or en the IneiJvlduel, company', ©oq~reaett, eeL, It the address Inaert~l below b~' handing a TRUE i;ld ATTESTED COPY I I ~puty Sheriff BO ANSWER~ SHERIFF OF FRANKLIN COUNTY DIS INGER DIS$INOER Camp Hill Offices: 717.975.2840/voice · 717.975.3924~fax Marysville Offices: 717.957.3474/voice · 71T.957.2316[fax October 1, 2003 Roger Irwin, Esquire Irwin, McKnight & Hughes West Pomfret Professional 60 West Pomfret Street Carlisle, PA 17013 Building RE: Mahoney v. Lescalleet Dear Attorney Irwin: I represent Susan M. Mahoney. Enclosed, you will find a Petition to Modify Custody, a Motion to Transfer Custody to Cumberland County and a Rule signed by Judge Walsh, returnable ten (10) days after service. Please consider yourself served with the Rule and let me know whether or not you intend to file any objections to the transfer. I would also appreciate hearing from you to know whether or not the underlined Petition to Modify can be resolved out of Court. Thank you for your attention. Very truly yours, MAED:ml Encl. 3 cc: Susan M. Mahoney File 2-03-552 Mary A. Etter Dissinger Attorney at Law EXHIBIT Attorneps at Law 28 North Thirty-Second Street · Camp Hill, PA 17011 400 South State Road · 3,1ao'sviile, PA 17053 . From:IRWIN L^~/OFFIOE -- 7]7 243'9200 HAROLD S. IEWIN, I NATHAN C, WOLF RHONDA $. IRWIN ROBERT D, STAM~ALK~H KER( L. LEft=OLD IRWIN LAW OFFICE e-mail: invlnlew~ear~linlcnet 717-243.60,'g0 71;'-243-~00 FACSIMILE COVER SHEET To: MARY DISSINGER Company: DI$$1NGER& DI$$1NGER Phone: 975-2840 FAX: 975-3924 From: Phone: Fax: Hal Irwin 717-243-6090 717-243-9200 Date: OCTOBER 4, 2003 Pages Including this cover page: 1 RE: Me, HONEY/LESCALLEET MARY - ROGER IRWIN FORWARDED YOUR PLEADINGS TO ME SINCE HE DOES NOT REPRESENT FRED LESCALLEET. HOWEVER, NEITHER DO I. ! DID GIVE YOUR FIRST 8ET OF DOCUMENTS TO FRED'S MOTHER, BUT SHE DOES NOT HAVE ANY CONTACT WITH FRED. DO NOT CO~ISIDER THAT THESE PLEADINGS OR RULE TO SHOW CAUSE HAVE BEEN SERVED UNTIL YOU SERVE FRED DIRE;TLY. I WILL NOT/~CCEPT SERVICE FOR HIM. ~ [f ~u did net receive all of the Jaagea ur If y~u haw any problem with the clarity of this fax, plull call ul ~t the number II~ed on th~ leff, erhead. THANK YOUI CONFIDEI~TIAI ITY NOTICE: Thla fax c~ntalnl confl~ntla! Information which may alao be legally pr pri~iJeged, It la intended ~nl~ for the u~e ~f the addr~m named ibove~ If ~u are not the Intende(~ mGIplent, ~r the employee or a~ent or the M~ng ~ afly a~l~ on the ~llafl~ off the co~ ~ thla tel~pl~ Info~ion may ~ atdcUy p~hlbl~, If ~u EXHIBIT SUSAN M. MAHONEY, A/K/A SUSAN M. LESCALLEET, Petitioner vs. FREDERICK C. LESCALLEET, II, Respondent : CIVIL ACTION - LAW : F.R. 1993-577 : CUSTODY IN THE COURT OF COF~40N PLEAS 39tn JUDICIAL DISTRICT, PA. Franklin County Branch CERTIFICAT~ OF SERVICE I, Mary A. Etter Dissinger, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon Harold S. Irwin, III, Esquire, by depositing same in the United States Mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esquire Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 Date: Mary A. Etter DissingerJ SUSAN M. MAHONEY, A/K/A SUSAN M. LESCALLEET, Petitioner FREDERICK C. LESCALLEET, II, Respondent : IN THE COURT OF COMMON PLEAS : OF CUMBERL~2~D COUNTY : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004-00523 : CUSTODY MOTION TO APPOINT CONCILIATOR A~D TO MODIFY CUSTODY AND NOW comes Susan M. Mahoney, by and through her attorneys, Dissinger and Dissinger, and requests that a conciliator be appointed and in support of her petition avers as follows: 1 Petitioner is Susan M. Mahoney, who resides at 1088 Grahams Wood Road, Newville, Cumberland County, Pennsylvania. 2 Respondent is Frederick C. Lescalleet, II, known address is 101 Lawrence Lane, Carlisle, County, Pennsylvania. whose last Cumberland 3 On September 16, 2003, Petitioner herein filed a Petition to Modify Custody to Franklin County's Docket Number 1993- 577 and simultaneously therewith filed a Petition to Transfer this case to Cumberland County, which has been granted. 4 In the Franklin County case, custody of the minor child, Courtney M. Lescalleet, was awarded as follows: Primary physical custody was granted to Petitioner, with periods of temporary physical custody granted to Respondent by Order of Court dated September 7, 1994. (See copy of Order attached hereto as Exhibit "A".) 5. Petitioner seeks to modify the current custody arrangement because: Respondent has neglected the child and refuses to have contact with her for extended periods of time. He has gone months without contacting the child. Respondent has been involved in violent conduct that has resulted in the removal of two (2) male stepchildren from his presence through the aid of a Protection from Abuse Order and a Protective Order being granted to his current wife for the protection of her and her two (2) children. Respondent has been found in contempt of his current wife's Protection from Abuse Order at least three (3) times. Do Respondent failed to appear on September 9, 2003, in Cumberland County, Pennsylvania, for sentencing on the most recent Protection from Abuse contempt and a warrant has been issued for his arrest. Respondent has taken and/or used illegal drugs in the presence of children. Petitioner requests that Respondent not have contact with the said minor child because he has outstanding drug charges pending against him, and a warrant for failure to appear for sentencing regarding contempt on a Protection from Abuse Order has been issued for his arrest. WHEREFORE, Petitioner requests the Court to modify custody of the child to grant Susan M. Mahoney sole legal and physical custody of the parties' minor child, Courtney M. Lescalleet. Respectfully Submitted: DISSINGERA~-D DISSINGER Mary A. Etter Dissinger Attorney for Petitioner Supreme Court I.D. # 27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Susan M. Mahoney, verify that the statements made in the foregoing document 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. Susan M. Mahoney, Pe,~tioner SUSAN M. LESCALLEET, : IN THE COURT OF COMMON PLEAS Plaintiff : 39TH JUDICIAL DISTRICT, PA. : Franklin County Branch VS. : Civil Action - Law FREDERICK C. LESCALLEET, II, : F.R. 1993-577 Defendant : CUST©DY ORDER OF COURT .... ..~-- , 19~ , the within Stipulation and Agreemen~t having been presented, read, considered, and ordered to be filed, the Order of Court in the above captioned cause is as follows: Legal Custody of Courtney'Marie Lescalleet, born July 27, 1992 is placed jointly in Susan M. Lescalleet, her mother and Frederick C. Lescalleet, her father. 2~ Primary Residential custody of Courtney Marie Lescalleet is awarded to Susan M. Lescalleet, her mother. 3. Frederick C. Lescalleet, II, father, shall have partial custody with Courtney Marie Lescalleet on the following dates at the following times: A. Every other weekend from Friday at 6:00 P.M. until Sunday at 6:00 P.M. B.Alternating holidays at times mutually agreed upon by the parties. C. At any other times mutually agreed upon by the parties. The Court shall retain jurisdiction of this matter to enter such additional Orders as are in the best interest of the child. BY THE COURT, ,., J. :,'~ :'.~c'>~ >o SUSAN M. MAHONEY, A/K/A SUSAN M. LESCALLEET, Petitioner vs. FREDERICK C. LESCALLEET, II, Respondent : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004-00523 : CUSTODY CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the Respondent, Frederick C. Lescalleet, II, by First Class United States mail addressed as follows: Frederick C. Lescalleet, 101 Lawrence Lane Carlisle, PA 17013 II Date: ary A.~E~ter Dissi~g~-~ ~= SUSAN M. MAHONEY, A/KJA SUSAN M. LESCALLEET PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ' N 04-523 CIVIL ACTIO LAW FREDERICK C. LESCALLEET, II DEFENDANT 1N CUSTODY ORDER OF COURT AND NOW, Tuesday, March 02, 2004 , 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, Mechaniesburg, PA 17055 on Tuesday, March 30, 2004 at 8:30 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/ 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 heafing 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SUSAN M. MAHONEY, : A.K.A SUSAN M. LESCALLEET, : Plaintiff : : vs. : 04-523 FREDERICK C. LESCALLEET, II : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT ~ , 2004, upon AND NOW, this day of consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Susan M. Mahoney (formerly Lescalleet), shall have sole legal and primary physical custody of Courtney M. Lescalleet, bom July 27, 1992. 2. The Father shall have contact with the Child only if agreed and arranged in advance by both parties. 3. In the event that the Father wishes to establish ongoing ~m'angements for periods of custody with the Child, the Father may file a Petition with the Court for the scheduling ora custody conciliation conference. / cc: v4Dzaren L. Koenigsberg, Esquire - Counsel for Mother v/Frederick C. Lescalleett, II - Father SUSAN M. MAHONEY, A.K.A. SUSAN M. LESCALLEET, Plaintiff VS. FREDERICK C. LESCALLEET, II Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-523 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: NAME Courtney M. Lescalleet The pertinent information concerning the Child who :is the subject of this litigation is as DATE OF BIRTH CURI~',ENTLY IN CUSTODY OF Mother July 27, 1992 2. A Conciliation Conference was held on March 30, 2004, with the following individuals in attendance: The Mother, Susan M. Mahoney, (formorly Lescalleet) with her counsel, Karen L. Koenigsberg, Esquire. The Father, Frederick C. Lescalleet, II, wa,,; not present. The Mother's cotmsel provided documentation confirming that the Father received notice of the conference on March 16, 2004 by certified mail. 3. The Mother filed this Petition for Modification of the Custody Order which was entered on September 7, 1994 in the Franklin County Court of Common Pleas. The Franklin Cotmty Court entered an Order on January 27, 2004 granting the Mother's Petition to Transfer this custody matter to Cumberland County, where both parties reside. 4. According to the Mother, the Father last saw the Child on August 1, 2003 and, with the exception of a telephone message at Christmas, the Father has made no subsequent attempts to contact the Child. The Mother stated that the Child, who is 11, is afraid of the Father due to her frequent exposure to the Father's excessive use of drugs and alcohol. Also according to the Mother, the Child witnessed the Father fire a gun over his wife's head during a period of custody and has been in the car with the Father when he was driving under the influence of alcohol and with a pistol in his lap. The Mother indicated that there are outstanding bench warrants for the Father in connection with Child support proceedings and also, she beheves, as a result of unrelated protection from abuse issues. The Mother expressed concern that the Father's long lapses in maintaining contact with the Child over the years has been hurtful and is having a detrimental emotional effect on her. 5. Based upon representations made by the Mother at the conference and the fact that the Father did not attend or contact the conciliator, entry of an Order is recommended in the form as attached. Date Dawn-S.-Sunday, Esquire Custody Conciliator