HomeMy WebLinkAbout08-3170
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
LEZZER LUMBER, INC.,
a Pennsylvania corporation,
Plaintiff
vs.
HUTCH HOMES, INC., a
Pennsylvania corporation, and
JAMES W. HUTCHISON, JR. and
CYNTHIA HUTCHISON husband
and wife,
Defendant
No. 08 - 31'10 Civ~lTerw'
CONFESSION OF JUDGMENT
PURSUANT TO Pa. R.C.P. 2951
Filed on behalf of:
Plaintiff
Counsel of Record for
this Party:
John R. Ryan
Attorney-At-Law
Pa. I.D. 38739
BELIN, KUBISTA & RYAN LLP
15 N. Front Street
P.O. Box 1
Clearfield, PA 16830
(814)765-8972
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION '
LEZZER LUMBER, INC.,
a Pennsylvania corporation,
Plaintiff
.~--
vs. No. 0 F ~ 3 1'~ b C9 ~ ; ( l Lf ^ti-
HUTCH HOMES, INC., a
Pennsylvania corporation, and
JAMES W. HUTCHISON, JR. and
CYNTHIA HUTCHISON husband
and wife,
Defendant
CONFESSION OF JUDGMENT
TO THE PROTHONOTARY:
Pursuant to the authority contained in the warrant of attorney, the original or a cop yof
which is attached to the Complaint filed in this action, I appear for the Defendants and confess
judgment in favor of the Plaintiff and against the Defendants as follows in the amount of
$43,887.00, together with interest thereon from January 1, 2007, at the rate of eighteen (18%)
percent per annum and for counsel fees and costs incurred by Lezzer Lumber, Inc.
Pursuant to Pa.R.C.P. 2951 (a)(2), the following documents are attached hereto and
filed in support of the entry of judgment by confession:
1. A true and correct copy of the Credit Account Agreement authorizing
confession and executed by James W. Hutchinson, Jr. in his capacity as President of Hutch
Homes, Inc., and by James W. Hutchinson, Jr. and Cynthia Hutchinson, individually.
2. An affidavit that said judgment is not being entered by confession against a
natural person in connection with a consumer credit transaction, as defined by Rule 2950.
A certificate of residence of all parties.
BELIN, KUBISTA & RYAN LLP
Jo R. Ryan
Attorney for Plaintiff
~~ SECTION b: ACKNOWLEDGMENT OF CREDIT ACCOUNT AGREEMENT
{ALL APPLICANTS MUST FULLY COMPLETE TN1S SECTION) J
The undersigned parties who are engaged in business under the trade name of ~ DT~°''"~r ~^'L-
hereby contract with Lezzer Holdings, Inc., to furnish materials and building supplies. In order to better assure
delivery of said materials and supplies and to further secure credit therefore, the undersigned, both in their
individual capacity and in their representative capacity, set forth below, do agree that, in the event payment is
not otherwise made for said materials and supplies, that they will make payment therefore when it is billed to
them, in an amount of the balance due. If the said account is not paid when due, the undersigned individual,
and in their representative capacity, do hereby authorize the Prothonotary or an attorney of any court of record
of the United States to appear therein against them for the amount then due with interest on the unpaid
balance at the rate of eighteen (18%) percent per annum together with cost of suit, release of error, and with
attorneys and/or collection fees, hereby waiving all right of stay of execution, inquisition an appeal and the
benefit of any and all laws now or hereafter to be passed, exempting real or personal property from levy and
sale on execution and also waiving the benefit of the present or any furtfier insolvent laws of any state of the
United States and of the present or any further bankruptcy law of the United States.
DO NOT SIGN BELOW BEFORE YOU HAVE READ THE CREDIT ACCOUNT AGREEMENT
HERETO ATTACHED TO THIS APPLICATION AND MADE A PART HEREOF. You acknowledge that you
have kept a copy of the credit account agreement form LH1-702 and you agree to be bound by its terms and
conditions, which are hereby incorporated by reference and made part of this application.
~ WITNESS the signature of the parties hereto, the day of , 20
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
LEZZER LUMBER, INC.,
a Pennsylvania corporation,
Plaintiff
vs. No.
HUTCH HOMES, INC., a
Pennsylvania corporation, and
JAMES W. HUTCHISON, JR. and
CYNTHIA HUTCHISON husband
and wife,
Defendant
AFFIDAVIT PURSUANT TO Pa.R.C.P. 2951 (a) (2) (ii)
I, the undersigned, hereby depose and swear that the Judgment entered by Confession in
the above captioned matter is not entered against a natural person in connection with a
consumer credit transaction as defined by Pa.R.C.P. 2950.
LEZZER BER,
c
By:
Sworn to and subscribed before me
this ~~~ay of - ~ i 1 _, 2008.
L.C~-~'~ ~~ ~~C~
Notary Public
My Commission Expires: ~g~
~oo~tt
Mtt COMMISSION E1~IES AMM1.2 IOII
t Manager
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
LEZZER LUMBER, INC.,
a Pennsylvania corporation,
Plaintiff
vs.
HUTCH HOMES, INC., a
Pennsylvania corporation, and
', JAMES W. HUTCHISON, JR. and
CYNTHIA HUTCHISON husband
and wife,
Defendant
No.
i~
CERTIFICATE OF RESIDENCE PURSUANT TO PA R.C.P. 2951 a 2 iii
I hereby certify that the last known addresses of the above parties are as follows:
Lezzer Lumber, Inc.
P.O. Box 217
Curwensville, PA 16833
Hutch Homes, Inc.
414 South York Street
Mechanicsburg, PA 17055
James W. Hutchison, Jr. and
Cynthia Hutchison
414 South York Street
Mechanicsburg, PA 17055
', BELIN, KUBISTA & RYAN LLP
John R. Ryan
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
LEZZER LUMBER, INC.
A Pennsylvania corporation,
Plaintiff
vs.
HUTCH HOMES, INC., a
Pennsylvania corporation, and
JAMES W. HUTCHINSON, JR. and
CYNTHIA HUTCHINSON, husband
and wife, :
Defendant
No. 08 - - C.D.
COMPLAINT FOR CONFESSION OF
JUDGMENT
Filed on behalf of:
Plaintiff
Counsel of Record for
this Party:
John R. Ryan
Attorney-At-Law
Pa. I.D. 38739
BELIN, KUBISTA & RYAN LLP
15 N. Front Street
P.O. Box 1
Clearfield, PA 16830
(814) 765-8972
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
LEZZER LUMBER, INC.
A Pennsylvania corporation,
Plaintiff
vs. No. 08 - - C.D.
HUTCH HOMES, INC., a
Pennsylvania corporation, and
JAMES W. HUTCHINSON, JR. and
CYNTHIA HUTCHINSON, husband
and wife,
Defendant
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and
notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
TARYN DIXON, COURT ADMINISTRATOR
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
r
' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
~' CIVIL DIVISION
LEZZER LUMBER, INC.
A Pennsylvania corporation,
Plaintiff
vs. No. 08 - - C.D.
HUTCH HOMES, INC., a
Pennsylvania corporation, and
JAMES W. HUTCHINSON, JR. and
CYNTHIA HUTCHINSON, husband
and wife,
Defendant
COMPLAINT FOR CONFESSION OF JUDGMENT
NOW COMES, Lezzer Lumber, Inc., Plaintiff above named, and files its Complaint for
Confession of Judgment pursuant to Pa. R.C.P. 2952, et seq. and avers in support thereof as
follows:
1. Plaintiff is Lezzer Lumber, Inc., a corporation organized and doing business
under the laws of the Commonwealth of Pennsylvania, having an address of P.O. Box 217,
Curwensville, Clearfield County, Pennsylvania, 16833.
2. Defendants are:
a. Hutch Homes, Inc., a corporation organized and doing business under
the laws of the Commonwealth of Pennsylvania, and having an address
of 414 South York Street, Mechanicsburg, Cumberland County,
Pennsylvania, 17055;
b. James W. Hutchinson, Jr. and Cynthia Hutchinson, husband and wife,
having an address of 414 South York Street, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
3. Attached hereto as Exhibit "A" is a true and correct copy of the instrument
executed by the parties upon which this action is based.
4. This Judgment is not being entered against a natural person in connection with a
consumer credit transaction.
5. No prior judgment has been entered on the instrument attached hereto as Exhibit
"A" in any jurisdiction.
6. Defendants have defaulted pursuant to the terms of the attached instrument in
I, that they have failed and refused to make payment upon being billed by Plaintiff as required
!,' therein.
7. The amount due and owing to the Plaintiff as the result of said default is as
follows:
a. Original amount due $43,887.00
b. Interest at 18% per annum $ 2,633.22
c. Costs $ 27.50
d. Attorneys fees To Be Determined
Total Amount $ 46,547.72
WHEREFORE, Plaintiff demands that judgment be confessed in its favor and against
the Defendants for in the amount set forth hereinabove.
BELIN, KUBISTA & RYAN LLP
Jo R. Ryan
Attorney for Plaintiff
I verify that the statements made in this Complaint are true and correct. I understand
that false statements herein are made subject to the penalties of Pa. C.S. 4904, relating to
unsworn falsification to authorities.
LEZZER LjjAQBER, IN
By: Tho s Yontos
Co ate t Manager
' SECTION 6: ACKNOWLEDGMENT OF CREDIT ACCOUNT AGREEMENT
(ALL APPLICANTS MUST FULLY COMPLETE THIS SECTION) ~~ ~ ~µ^CT
The undersigned parties who are engaged in business under the trade name of -lL,fJ ~~--
hereby contract with Leiser Holdings, Inc., to furnish materials and building supplies. In order to better assure
delivery of said materials and supplies and to further secure credit therefore, the undersigned, both in their
individual capacity and in their representative capacity, set forth below, do agree that, in the event payment is
not otherwise made for said materials and supplies, that they will make payment therefore when it is billed to
them, in an amount of the balance due. If the said account is not paid when due, the undersigned individual,
and in their representative capacity, do hereby authorize the Prothonotary or an attorney of any court of record
of the United States to appear therein against them for the amount then due with interest on the unpaid
balance at the rate of eighteen (18%) percent per annum together with cost of suit, release of error, and with
attorneys andlor collection fees, hereby waiving all right of stay of execution, inquisition an appeal and the
benefit of any and all laws now or hereafter to be passed, exempting real or personal property from levy and
sale on execution and also waiving the benefit of the present or any further insolvent laws of any state of the
United States and of the present or any further bankruptcy law of the United States.
DO NOT SIGN BELOW BEFORE YOU HAVE READ THE CREDIT ACCOUNT AGREEMENT
HERETO ATTACHED TO THIS APPLICATION AND MADE A PART HEREOF. You acknowledge that you
have kept a copy of the credit account agreement form LH1-702 and you agree to be bound by its terms and
conditions. which are hereby incorporated by reference and made part of this application.
20
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In Forma Pauperis Form
WILLIAM J. McCLOSKEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
v. NO. 07-3170 CIVIL TERM
TONYA McCLOSKEY, er (7:-
Defendant/Petitioner IN CUSTODY
ill co c.j
.L7
Cn (y t'
PRAECIPE TO PROCEED IN FORMA PAUPERIS rte-> ., `7
To the Prothonotary:
Kindly allow,Tonya McCloskey,Defendant/Petitioner,to proceed in forma pauperis.
I,John W. Frommer, attorney for the party proceeding in forma pauperis, certify that I believe the party is
unable to pay the costs and that I am providing free legal services to the party.
,-
John . ' rommer, :quire
A ttorney ! - -ndant
ID #: 41266
2080 Linglestown Road
Suite 103
Harrisburg, PA 17110
(717) 695-7771
WILLIAM J. MCCLOSKEY, IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY PENNSYLVANIA
Plaintiff
v. : NO. 2007-3170
t> r.,
TONYA MCCLOSKEY, CIVIL ACTION - LAW '� ` ' - _.T
111 r'i 1'1,_'..'.
Defendant : IN CUSTODY G� -v -; '
-<-'' -J
.- C -
PETITION FOR MODIFICATION OF PARTIAL CUSTODY -1 <'
1. The Petition of Tonya McCloskey, having retaken her maiden name now known as
Tonya Barninger, respectfully represents that on November 2, 2007, an Order of Court was
entered for Partial Custody, a true and correct copy of which is attached.
2. This Order should be modified because:
a. The Plaintiff, William McCloskey, has not exercised his right to overnight or
weekend partial physical custody since 2009;
b. The Plaintiff, William McCloskey, is currently incarcerated in the York County
Prison;
c. The Plaintiff, William McCloskey, has written to the children from prison
expressing his intention to resume partial custody upon release. The children,
having not spent time overnight with the Plaintiff since 2009, are afraid to do so.
WHEREFORE, the Petitioner requests that the Court modify the existing Order for
Partial Custody because it will be in the best interests of the children.
Respectfully submitted,
F' • MER D'AM •NDERSON, LLC
By:iliblire
J. r"timer, 'squire
D o 66
20:0 Linglestown Road, Suite 103
Harrisburg,PA 17110
(717)695-7771
. t
VERIFICATION
I verify that the statements made in this Petition for Modification of an Order of Court are
true and correct. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date: X125 3 A-k) LB •
A
Tonya McCloskey, •
Now known as Tonya Barninger
NNOV 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 2nd day of November,2007,the parties having reached a
stipulated agreement,the Conciliator hereby relinquishes jurisdiction in this matter.
FOR THE COURT,
cq ne M.Verney,Esquire, C dy Conciliator
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.Y ,
� S
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
STIPULATED CUSTODY AGREEMENT
THIS STIPULATED CUSTODY AGREEMENT (hereinafter "Agreement") is hereby
made and entered Into this OO day of l 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 born 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;
Whe =as, both Parties acknowledge that they are satisfied with the legal
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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
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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 RM.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
.:oo PM'.M.
residence at 1- . on Christmas Day and Father shall return the
a:vo P.M.
Children to Mothers residence at 1:1404644. the oolowing 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.
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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.
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I •
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.
B. 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.
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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 patty 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. •
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•
73, 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
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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.
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From: 09/13/2013 09:38 #047 P.012/014
•
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.
i
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From: 09/13/2013 09:38 #047 P.013/014
4
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
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From: 09/13/2013 09:38 #047 P.014/014
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w
NOW, THEREFORE, the parties hereto, each intending to be legally bound
hereby, place their seal:
W1LLl efeJ OSK 0JNY'• MCCLOSKEY
Date: J7'�' '` --y _ Date: r^1Cp~Ori
r
Witness for 47 - J. M. LOSKEY 2 •r TONYA MCCLOSKEY
-�—0-7
Date: •cre
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Page 11 of 12
CERTIFICATE OF SERVICE
I, John W. Frommer, Esquire, do hereby certify that a true and correct copy of the
PETITION FOR MODIFICATION OF CUSTODY ORDER was served upon the
following as addressed below by depositing the same in the United States Mail, first class,
postage prepaid, at Harrisburg, Pennsylvania, on September 27, 2013:
FIRST CLASS MAIL, POSTAGE PREPAID
William McCloskey
Inmate No.: 188443
3400 Concord Road
York, PA 17402
Ms. Tonya Barninger
94 Front Street
Enola, PA 17025-3211
FROMMER D'AMIGO ANDERSON LLC
BY:
John mer, Esquire
P. lo.: 41266
2080 Linglestown Road, Suite 103
Harrisburg, PA 17110
(717) 695-7771
Attorneys for Claimant
William J_ MrC'1nckay , : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
Vs : No. 07-3170 CIVIL T M J
Tonya McCloskey , • CIVIL ACTION - LAW 7 .-.. a_
Defendant : IN CUSTODY ,, r"
CRIMINAL RECORD /ABUSE HISTORY VERIFICATION fir=
I, Tonya McCloskey , hereby swear or affirm, subject to penalties Fot
law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that:
1. Unless indicated by my checking the box next to a crime below, neither I nor any other
member of my household have been convicted or pled guilty or pled no contest or was
adjudicated delinquent where the record is publicly available pursuant to the Juvenile
Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially
equivalent crime in any other jurisdiction, including pending charges:
Check Crime Self Other Date of Sentence
all that household conviction,
apply member guilty plea, no
contest plea or
pending charges
18 Pa.C.S. Ch. 25 IT
(relating to criminal
homicide)
18 Pa.C.S. §2702 FT
(relating to aggravated
assault)
18 Pa.C.S. §2706 r
(relating to terroristic
threats)
18 Pa.C.S. §2709.1 FT
(relating to stalking)
r 18 Pa.C.S. §2901 IT IT
(relating to kidnapping)
r
18 Pa.C.S. §2902
(relating to unlawful
restraint)
18 Pa.C.S. §2903 fT
(relating to false
imprisonment)
18 Pa.C.S. §2910 r r
(relating to luring a
child into a motor
vehicle or structure)
18 Pa.C.S. §3121 fT
(relating to rape)
18 Pa.C.S. §3122.1 r-- r
relating to statutory
sexual assault)
r 18 Pa.C.S. §3123 IT
(relating to involuntary
deviate sexual
intercourse)
IT 18 Pa.C.S. §3124.1 IT
(relating to sexual
assault)
IT 18 Pa.C.S. §3125 IT
(relating to aggravated
indecent assault)
18 Pa.C.S. §3126 r
(relating to indecent
assault)
r 18 Pa.C.S. §3127 IT
(relating to indecent
exposure)
IT 18 Pa.C.S. §3129 IT IT
(relating to sexual
intercourse with animals)
IT 18 Pa.C.S. §3130 IT r
(relating to conduct
relating to sex
offenders)
r 18 Pa.C.S. §3301 IT r
(relating to arson and
related offenses)
18 Pa.C.S. §4302
(relating to incest)
18 Pa.C.S. §4303 IT
(relating to concealing
death of child)
18 Pa.C.S. §4304 IT
(relating to endangering
welfare of children)
IT 18 Pa.C.S. §4305 IT IT
(relating to dealing
in infant children)
18 Pa.C.S. §5902(b) IT I
(relating to prostitution
and related offenses)
18 Pa.C.S. §5903 r-- 1—
(c) or (d)
(relating to obscene
and other sexual materials
and performances)
IT 18 Pa.C.S. §6301
(relating to corruption
of minors)
18 Pa.C.S. §6312 r-
(relating to sexual
abuse of children)
18 Pa.C.S. §6318 r
(relating to unlawful
contact with minor)
18 Pa.C.S. §6320 IT
(relating to sexual
exploitation of children)
FT 23 Pa.C.S. §6114 - r
(relating to contempt for
violation of Protection
order or agreement)
Driving under the IT
influence of drugs
or alcohol
Manufacture, sale, IT IT
delivery, holding,
offering for sale or
possession of any
controlled substance or
other drug or device
2. Unless indicated by my checking the box next to an item below, neither I nor any other
member of my household have a history of violent or abusive conduct including the
following:
Check Self Other Date
all that household
apply member
A finding of abuse by a Children &Youth IT IT
Agency or similar agency in Pennsylvania
or similar statute in another jurisdiction
Abusive conduct as defined under the - IT
Protection from Abuse Act in
Pennsylvania or similar statute in
another jurisdiction
Other: F-
3. Please list any evaluation, counseling or other treatment received following conviction
or finding of abuse:
4. If any conviction above applies to a household member, not a party, state that person's
name, date of birth and relationship to the child :
5. If you are aware that the other party or members of the party's household has or have a
criminal/abuse history, please explain:
I verify that the information above is true and correct to the best of my knowledge
information or belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
t ►a..:t cut: - !turr
I ry L . l2.r p ' n Q -tr
Printed Name �J
Foy--m t y
ek.. Ni c