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Home My WebLink About94-01889 j V' -9 <..J ~ .~ j LOUANN S. McCLOSKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - Iff 1 CIVIL TERM v. PROTECTION FROM ABUSE AND CUSTODY MICHAEL GEARY McCLOSKEY, Defendant LEMPORARY PROTECTIVE ORDER AND NOW, this tJ f),day of Apri 1, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, LOUANN S. McCLOSKEY, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, MICHAEL GEARY McCLOSKEY, the following Temporary Order is entered. The defendant, MICHAEL GEARY McCLOSKEY, now residing at 4770 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, LOUANN S. McCLOSKEY, or placing her in fear of abuse and is excluded from the residence located at 4770 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is leased by the defendant but has been the marital residence. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-resider.ce on the part of the plaintiff and defendant shall not nullify ~ne Qrovisions of the Court Order directing the defendant to refrain from abusing the p 1 a i nt if f. Temporary custody of BREANNA MARIE McCLOSKEY is hereby awarded to the plaintiff, LOUANN S. McCLOSKEY. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, restraining the defendant from entering the plaintiff's place of employment, from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the J./ STday of Apri 1, 1994, at J: d(} ~.m. in Courtroom No. I ,Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in forma DauDeris pending a further order after the hearing. The Cumberland County Sheriff's office shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of Civil Procedure. The appropriate Police Departments in the areas where the plaintiff lives and works will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the ,.-,~.., defendant shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the defendant shall be taken before the appropriate district justice (23 Pa.C.S.A. Section 6113). By the Court, ~\~'-.~\ E: ~/ .. J. LOUANN S, McCLOSKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM NO. 94 - v. PROTECTION FROM ABUSE AND CUSTODY MICHAEL GEARY McCLOSKEY, 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 promptly after this Petition, Order and Notice are served, by app~aring personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 , i , r , ~ , I , , . ~;~ v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - Ifr?_ CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY LOUANN S. McCLOSKEY, Plaintiff MICHAEL GEARY McCLOSKEY, Defendant PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT g~-P-LS, SECTION 6101 A. ABYS~ 1. The plaintiff is an adult individual whose permanent address is 4770 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 3. The defendant is an adult individual residing at 4770 8rian Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 4. The defendant is the plaintiff's husband. 5. Since approximately 1989, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, and by physical menace has placed the plaintiff in fear of imminent serious bodily injury. This has included but is not limited to the following specific instances of abuse: ,.1.... t .~ . . ii a. On or about April 8, 1994, the defendant choked the plaintiff, grabbed her by the hand, twisted it behind her back, causing it to crack. The plaintiff suffered bruising and ~ ~ scratches to her neck, hand, and arm. b. On two separate occassions, in or about February and 5. The plaintiff believes and therefore avers that she will March, the defendant choked the plaintiff and threatened to kill her saying, "If I could get away with it, I would murder you and nobody would ever find your pieces." c. On or about January 8, 1994, the defendant grabbed the telephone from the plaintiff, grabbed her by both shoulders, threw her to the floor, and holding her head with both his hands, beat her head against the floor approximately three times. The plaintiff suffered soreness and pain about her head and body. d. On or about January 6, 1994, the defendant choked the plaintiff while shaking her. The defendant then pushed the plaintiff down and restrained her. be in immediate and present danger of abuse from the defendant should she return to the home with her child without defendant's exclusion, and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be restrained from entering her place of employment, having any contact with her, harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. --..-- B. TEMPORARY CUSTODY 7. The plaintiff seeks temporary custody of the following chi ld: ~ presant Residence Ala BREANNA MARIE McCLOSKEY undisclosed location 14 mos. The child was not born out of wedlock. The child is presently in the custody of LOUANN McCLOSKEY who resides at an at undisclosed location. During the child's lifetime, the child has resided with the following persons and at the fOllowing addresses: Name plaintiff & defendant Addresses Dates 4770 Brian Road Mechanicsburg, PA 1/26/94 - 4/10/94 The mother of the child is LOUANN McCLOSKEY, currently residing at an undisclosed location. She is married. The father of the child is MICHAEL GEARY McCLOSKEY, currently residing at 4770 Brian Road, Mechanicsburg. The plaintiff currently resides with the following persons: Name RelationshiD BREANNA McCLOSKEY daughter 8. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 9. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 10. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. The best interests and permanent welfare of the child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for the following reasons: a. The plaintiff is a fit parent who can best take care of her child. b. The defendant has shown by his abuse of the petitioner that he is not an appropriate role model for the child. c. The plaintiff has been the primary caretaker of the child. C. EXCLUSIVE POSSESSION 12. The home from which the plaintiff is aSking the Court to exclude the defendant is rented in the name of MICHAEL McCLOSKEY, but has been the marital residence for the past four years. D. SUPPORT, SECTION 13. The defendant has a duty to support the plaintiff and their minor child. 14. The defendant is self-employed but the plaintiff is unaware of his salary. 15. The plaintiff currently has no income. 16. The plaintiff's income is insufficient to provide for -'~ ,.;,';-~":::., her minimal needs and those of her child until such time as a support order can be obtained by filing at the Domestic Relations Office. 17. The plaintiff intends to petition for support within two weeks of the issuance of a protective order. ~. ATTORNEY FEES 18. The plaintiff asks for attorney fees to be paid to Legal Services, Inc., pursuant to the Protection from Abuse Act. F. STATUS TO PROCEED IN FORMA PAUPERIS 19. The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. Section 6101 et ~., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not limited to, restraining the defendant from entering the plaintiff's place of employment, from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. Granting temporary custody of the minor child to the plaintiff. 4. Granting possession of the apartment located at 4770 Brian Road, Mechanicsburg, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter. 5. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not limited to, restraining the defendant from entering the plaintiff's place of employment, from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. Ordering plaintiff exclusive possession of the apartment and the defendant to stay away from any residence the plaintiff may in the future establish for herself. 4. Granting support to the plaintiff in the amount of $300.00 per month payable by mail. 5. Ordering the defendant to pay attorney fees to Legal Services, Inc., pursuant to the Protection From Abuse Act. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that a copy of this Petition and Order be delivered to the appropriate Police Departments in the areas in which the plaintiff lives and works, as the Police Departments with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 20. The allegations of Count I above are incorporated herein as if fully set forth. 21. The best interests and permanent welfare of the child will be served by confirming custody in the plaintiff as set forth in Paragraph 11 of the Petition. WHEREFORE, pursuant to 23 P.S. Section 5301 et ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Joan Carey Attorney for Pl "ntiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 . '~~'~~~/{;c4;:~?),v:,~f "'''''tt . . The above-named Plaintiff, Louann McCloskey, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 64904. relating to unsworn falsification to authorities. Date: -tJ- I.). - CJt./ J J "- ~ \,0, '" ... ~ "T"" ~ -a; .. ~ c-- r;. ('J ..... - ... """ -~ .,t, ,"0'1':;';";"' ~. ,.. .'r- -:: ~.-:.~ u}r.;::_';~ :?.~,(,. .~ \\:. \~;:,:~~~;;? ... .. j' '\" ":~ ';.'- !;.,- . - h. ~:' '-" . ._,"--,:;_-:;-. ~PR za II 14 ~" Ig~ t :':IC'i. UI '.. w ~IOIi', 1 t-h'1 C!)U,..:.., ,-,C' (/\:'lll FLhh!. ;.1.-,....',.:. ,,'"'''' .. LOUANN S. MCCLOSKEY, . IN THE COURT OF COMMON PLEAS OF . plaintiff . . : CUMBERLAND COUNTY, PENNSYLVANIA v. . . . NO. 94-1889 CIVIL TERM . . . MICHAEL GEARY McCLOSKEY, NO. 407 CIVIL 1994 Defendant : . PROTECTION FROM ABUSE . . AND CUSTODY . !: , 'I. t MOTION FOR CONTINUANCE The plaintiff moves this Court for an Order continuing the hearing of this case until further Order of Court, on the grounds that: 1. A Temporary Protective Order was issued by this Court on the 13th day of April, 1994, scheduling a hearing for the 21st day of April, 1994, at 3:00 p.m. 2. The defendant was served with the Temporary Protective Order and Legal Services, Inc. contacted his attorney, Charles Hartwell, to discuss entering into a Consent Agreement, and the two parties are negotiating a settlement. 3. The plaintiff requests that a general continuance be entered and that the Temporary Protective Order remain in effect pending further order of court. 4. A copy of the Order for continuance will be delivered to the Hampden Township Police Department by attorneys for the plaintiff. . WHEREFORE, the plaintiff moves this Court to grant the plaintiff's Motion, and to continue this matter until further Order of Court. ~~/ o n Carey Attorney for plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle PA 17013 (717) 243-9400 .t ~ "J'- i -~ I 'i , - . , .0 .WI j IU zu ~H '91/ .1t.) , . . f .' LOUANN S. McCLOSKEY, P1a;nt;ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM v. PROTECTION FROM ABUSE AND CUSTODY MICHAEL GEARY McCLOSKEY, Defendant CONSENT AGREEMENT This Agreement ;s entered on th;s day of June, 1994, by the p1aint;ff, LOUANN S. McCLOSKEY, and the defendant, MICHAEL GEARY McCLOSKEY. The pla;nt;ff ;s represented by Joan Carey. of Legal Services, Inc.; the defendant ;s represented by Charles Hartwell, of Boswell, Snyder, T;ntner & P;cco1a. The part;es agree that the fol10w;ng may be entered as an Temporary Order of Court regard;ng custody of the;r ch;ld, 8REANNA MARIE McCLOSKEY: a. The Plaintiff w;ll have temporary physical and legal custody of the ch;ld. b. The Defendant will have supervised v;s;tat;on w;th the child at the YWCA in Car;sle, pend;ng a conci1;at;on conference scheduled for July 7, 1994, at 9:30 a.m. The part;es will contact the YWCA ;mmed;ate1y to arrange dates and t;mes of those v;s;ts. WHEREFORE, the part;es request that an Order of Court. be - " entered to reflect the above terms. ;{oz~u,--hrrt~ r-r/ Louann MCCloskey,~aintiff ~.. Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 Uc~~a~t Charles Hartwell Attorney for Defendant 80swell, Snyder, Tintner & Piccola 315 N. Front Street HarriSburg, PA 17101 (717) 236-9377 LOUANN S. MCCLOSKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF . . CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - J gg'1 CIVIL TERM v. : PROTECTION FROM ABUSE AND CUSTODY MICHAEL GEARY McCLOSKEY, Defendant . . . . AND NOW, PROTECTIVE ORDER .., 7,..1. this"~ day of June, 1994, upon consideration of the Consent Agreement of the parties, the fOllowing Order is entered: 1. The defendant, MICHAEL GEARY McCLOSKEY, is enjoined from physically abusing the plaintiff, LOUANN S, McCLOSKEY, or from placing her in fear of abuse. 2. The defendant, MICHAEL GEARY McCLOSKEY, is hereby excluded from the premises located at 4770 Brian Road, Mechanicsburg, Pennsylvania, except for the purpose of facilitating periods of partial custody. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000 and/or by a sentence of up to six months in jail and any other appropriate punishment. Consent of the plaintiff to the defendant's resumption of residence with the plaintiff shall not invalidate this Order. The defendant shall seek modification (change) of this Order before resuming residence in the plaintiff's domicile, 3. The defendant, MICHAEL GEARY McCLOSKEY, is ordered to .. 1'1 ,JH . ,. ill 1(, ;t:I '9~ " '.;" ,:1 stay away from any residence the plaintiff may establish for herself in the future, except for the purpose of facilitating periods of partial custody. 4. The defendant, MICHAEL GEARY McCLOSKEY, is ordered to refrain from harassing or stalking the plaintiff and from harassing the plaintiff's relatives. 5. This Order shall remain in effect for a period of one year. 6. The Hampden Township Police Department will be provided with a copy of this Order by attorneys for plaintiff and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall not be taken to jail but shall be taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the defendant shall be arraigned before a district justice who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure (23 PS section 6113). By the Court li.-( L4 { "fl L. Harold E. sheery, P.J. LOUANN S. McCLOSKEY, plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . : CIVIL TERM : NO. 94 - v. : PROTECTION FROM ABUSE : AND CUSTODY MICHAEL GEARY McCLOSKEY, Defendant . . . . CUSTODY ORDER AND NOW, this ____ day of June, 1994, upon consideration of the parties' Consent Agreement, the following Temporary Custody Order is entered with regard to custody of the parties' child, BREANNA MARIE McCLOSKEY: 1. The plaintiff, Louann S. McCloskey, will have primary physical custody of the child. 2. The defendant, Michael G. McCloskey, will have partial custody of the child at times which are mutually agreed upon by the parties. 3. The parties will share legal custody of the child. By the Court, Harold E. Sheely, P.J. "~'''''-''-''"'''',"".,~,--,,,.- LOUANN S. McCLOSKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 94 - CIVIL TERM . , v. : PROTECTION FROM ABUSE AND CUSTODY MICHAEL GEARY McCLOSKEY, Defendant . . CONSENT AGREEMENT s-f This Agreement is entered on this ~I day of June, 1994, by the plaintiff, LOUANN S. McCLOSKEY, and the defendant, MICHAEL GEARY McCLOSKEY. The plaintiff is represented by Joan Carey, of Legal Services, Inc.; the defendant is represented by Charles Hartwell, of Boswell, Snyder, Tintner & Piccola, The parties agree that the following may be entered as an Order of Court. 1. The defendant, MICHAEL GEARY McCLOSKEY, agrees to refrain from abusing the plaintiff, LOUANN S. McCLOSKEY or from placing her in fear of abuse. 2. The defendant agrees not to harass or stalk the plaintiff or harass the plaintiff's relatives. 3. The defendant agrees to stay away from the residence located at 4770 Brian Road, Mechanicsburg, Pennsylvania, except for the purpose of facilitating the defendant's periods of partial custody. 4. The defendant agrees to stay away from any residence the Plaintiff may establish for herself in the future, except for the purpose of facilitating periods of partial custody, 5. The defendant, although entering into this Agreement, does not admit the allegations made in this Petition. 6. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 7. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary protective Order entered in this case. 8. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child: BREANNA MARIE McCLOSKEY: a. The mother will have primary physical custody of the child. b. The father will have partial custody of the child at times which are mutually agreed upon by the parties. c. The mother and father will share legal custody of the child. WHEREFORE, the parties request that an Order of Court be entered to reflect the above terms. .,:< .. I 11 I,. L ,;~:;;,tX \.:.--L Michael Mccloskey, Def ant /J~/{,Lv Charle Hartwell Attorney for Defendant Boswell, Snyder, Tintner & Piccola 315 N. Front Street Harrisburg, PA 17101 flJJLIu.... L uann McClosk y, ~:~ Attorney for Pl intiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 ff vs. CUM8ERLAND COUN NO. 94-1889 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY MICHAEL GEARY McCLOSKEY, Defendant QRPER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ~~__~" b:I(~1 t~,~__, the conciliator, at -1/1h.fla::r ("VT\b.(D.(cM'!~I'on the 7th day of :;-",Iy c .~ 1)11 1994, at 1. It..m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By the Court, ~J.J/~~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 , ~..~ 1 ;' '.. .';' , .. t\~l II I 20 PM '9~ ,OJ. H:f. ._, 1',V"i'j' ,"..flY L; (->.: n f 0" (- B. TEMPORARY CUSTODY 1. The plaintiff seeks temporary custody of the fOllowing child: NAmA Present Residence A!a BREANNA MARIE McCLOSKEY undisclosed location 14 mos. The child was not born out of wedlock. The child is presently in the custody of LOUANN McCLOSKEY who resides at an at undisclosed location. During the child's lifetime, the child has resided with the following persons and at the fOllowing addresses: ~ Addresses Oat es plaintiff & defendant 4170 Brian Road Mechanicsburg, PA 1/26/_! - 4/10/94 The mother of the child is LOUANN McCLOSKEY, currently residing at an undisclosed location. She is married. The father of the child is MICHAEL GEARY McCLOSKEY, currently residing at 4170 Brian Road, Mechanicsburg. The plaintiff currently resides with the following persons: HmM BREANNA McCLOSKEY Relationshic daughter 8. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 9. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this to' '. (' or any other jurisdiction. 10. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. The best interests and permanent welfare of the child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for the following reasons: a. The plaintiff is a fit parent who can best take care of her child. b. The defendant has shown by his abuse of the petitioner that he is not an appropriate role model for the child. c. The plaintiff has been the primary caretaker of the child. C. EXCLUSIVE POSSESSION 12. The home from which the plaintiff is asking the Court to exclude the defendant is rented in the name of MICHAEL McCLOSKEY, but has been the marital residence for the past four years. D. SUPPORT. SECTION 13. The defendant has a duty to support the plaintiff and their minor child. 14. The defendant is self-employed but the plaintiff is unaware of his salary. 15. The plaintiff currently has no income. 16. The plaintiff's income is insufficient to provide for /_ JUL 28 1994 \ ..,) 1.......... )', ' or LOUANN S. MCCLOSKEY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNA. . v. ; NO. 94-1889 CIVIL TERM i/' . . MICHAEL GEARY MCCLOSKEY, : ~ DEPENDANT ORDER OF COURT ~ AND NOW this v:?.I:4L day of (it."ln..d , 1994, upon Defendant Michael ,-/ Geary McCloskey's Motion for Emergency Relief in the Form of a Temporary Order of Physical Custody, it is hereby ORDERED that a hearing is scheduled for(~,:)"{~ II ~-~ / d 0 -;w ,P . m. in Courtroom No. I , 1994, at BY HE COURT, ....,,#- ,Judge (C0W h-- ~ . 'K \~ :V:y ~A I...)Y ,.J' r- (~V '1.~\.,,),I.~~~i1It Al ~r .,3 ()~'I.. l: .,1101:) H\'1~,~Q!li. . :) J~l;l,~' ~61 "J t~ 2 Z MV .~ >< 0 .:; 00 ~ ~ 0 ~ ...:l . U .... >< P..':; . ~><~ ~ Z <ll >< ZZ ~ ii: O~ ~ r.. :>:8 ><~~ ~P.. 00 r.. ooz oll 0 H 0':; U U gj ~ ti ~ o . ""l!l 8 ...:l0 ZO U>< "'':; .z UZ ~P..~ 8 '" ><H U~ t!l~ ~."'_l! cr- r..z .-i::;: ~.:; ::;:r.. .... 00 0 :>:...:l . ~ ;8:;l i=" ~; 0 ...:lo:: OOP.. > ><0 ~hsi 8U Hr.. 0 0:: <>< 0:: "'> ...:l < = OOeoHZ U ~ o::eo.", OZeouo U t!l 00 2: .., _ U<.-i H ::;: eo. eo. CI) - ...:l1r--8 ...:l Z~O :I ~o::""ou Z ~ :I:~"'",,~ Z < 000:: III 8l!l 8 ~ :I: ....eo.~ ~ ~ . '0 U ~zli! 0 Z::J 0 00:; 0 H III HUZZP.. ...:l ::;: ::;:HO ;t -. . , . . ... .-.. ,. JUL 22 199. J . .... , .. .. . A> al:1.jblrIplUylmccloolto.mtn DlIn ". July II. 1994 ~ . " ~ ~ Leonard Tintner, Esquire Supreme Court 1.0. #06859 Charles J. Hartwell, Esquire Supreme Court ID. #52655 BOSWELL, SNYDER, TINTNER & PICCOLA 315 N. Front Street PO Box 741 Harrisburg, PA 17108~741 (717) 236-9377 Attorneys for Defendant LOUANN S. MCCLOSKEY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNA. v. : NO. 94-1889 : NO. 407 CIVIL 1994 MICHAEL GEARY MCCLOSKEY, : PROTECTION FROM ABUSE & DEFENDANT : CUSTODY MOTION FOR EMERGENCY RELIEF IN THE FORM OF A TEMPORARY ORDER OF PHYSICAL CUSTODY Pursuant to Pa, R.C.P. 1519.13, entitled "Special Relief," defendant by and through his attorneys Charles J, Hartwell, Esq., Leonard Tintner, Esq., and Boswell, Snyder, Tintner & Piccola hereby moves for a temporary order giving defendant physical custody of his daughter Breanna M. McCloskey and in support thereof avers as follows: 1. Defendant is Michael G. McCloskey, residing at 9 College Street, Mechanicsburg, PA 17055, 2. Plaintiff is Louann S. McCloskey, with her last known address at at 4770 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant and plaintiff were married on October 14, 1989. I ~ ~ .. .. .... ~ 4. During their marriage, defendant and plaintiff had a daughter, born January 23,1993, named Breanna M. McCloskey. S. Plaintiff and defendant are currently undergoing divorce proceedings in Cumberland County, No. 94-2362 Civllterm. 6. On April 13, 1994, a temporary protective order (or plaintiff against defendant was entered. The Order scheduled a hearing for April 21, 1994. (Exhibit "A"). 7. Defendant denied any allegations of abuse, but in the interest of fmallzlng his divorce and obtaining custody of his daughter as soon as possible, agreed to negotiate and sign a permanent consent agreement and protective order. 8. Plaintiff moved the Court to continue the hearing, pending negotiation of a protective order and consent agreement for the custody of their daughter. Judge Sheely granted plaintiffs motion for a continuance on April 28, 1994, 94-1889, No. 407 CIVIL 1994. (Exhibit "B"). 9. On May 27,1994, an order for a conciliation conference scheduled for July 7, 1994 was entered. (Exhibit "C"). 10. The parties reached an agreement regarding the custody of their child and the permanent protective order. The corresponding Consent Agreement and Protective Order was issued by the court on June 23, 1994. (Exhibit "D"). 2 J. · .. '. .., f. 11. The protective order and consent agreement permitted the defendant to have partial custody of the child "at times which are mutually agreed upon by the parties." (Exhibit "D" Paragraph 8(b)), 12. The protective order and consent agreement also specifically allowed defendant to have contact with the plaintiff In order to establish the time periods of his agreed upon partial custody. (Exhibit "D" Paragraphs 3 and 4). 13. Because of the vagueness of the custody arrangements within the consent agreement and because of the Plaintifrs refusal to comply therewith, defendant speclficaily requested that the conciliation conference for July 7,1994 continue as scheduled, despite the signed consent agreement. (Exhibit "E"). 14. On approximately July 6, 1994 plaintiff requested a continuance of the conciliation conference scheduled for July 7, 1994. Defendant agreed to the continuance based on plaintifrs verbal assurance through counsel that plaintiff would stipulate to defendant having physical custody of his daughter on Wednesdays from 6:00 p.m. to 8:00 p,m. and on alternating Saturdays and Sundays from l:()() p.m. to 8:00 p.m. 15. The conciliation conference was accordingly rescheduled to September 8, 1994. (Exhibit "Fj. 16. Thereafter, when defendant attempted to cail plaintiff to arrange seeing his daughter on the agreed upon times, plaintiff refused defendant access to his daughter and went so far as to call the police, claiming defendant was harassing plaintiff 3 4. .. '. . ~ ". contrary to the protective order, despite the language of the protective order permitting defendant to contact plaintiff regarding custody arrangements. 17. Due to plaintifrs continued and unreasonable refusal to allow defendant to see his daughter, defendant has not visited with his daughter for approximately two weeks. 18. Defendant's counsel has requested the promised stipulation from plaintifrs counsel on numerous occasions, the latest request by letter dated July 14, 1994. (Exhibit "0"). 19. In response to defendant's written request for the promised stipulation, plaintifrs counsel has responded via letter that plaintiff "is not willing to agree to any visitation at this time" and that due to "communication problems" with her client, plaintifrs attorney is withdrawing as counsel. (Exhibit "H"). 20. Because of the difficulty in negotiations regarding custody, the continued, unreasonable refusal of plaintiff to allow defendant to see his daughter, the unreasonable behavior of plaintiff in calling the police when defendant attempts to contact her regarding custody arrangements, and plaintlfrs counsel's own difficulty in contacting plaintiff, defendant believes that plaintiff may attempt to leave the court's jurisdiction with their daughter. WHEREFORE, defendant respectfully requests this Honorable Court to enter a temporary order granting physical custody of Breanna M. McCloskey to 4 .. 4. '- ... l ". defendant, with reasonable visitation allowed to plaintiff; to prohibit plalntlff from leaving the jurisdiction with their daughter, Breanna M. McCloskey; and to grant other relief as the Court may deem proper. RESPECTFULLY SUBMITTED, By: DATE: July 19, 1994 s 4, 11II\ I . . .. .. . LOUANN S. McCLOSKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUM8ERLAND COUNTY, PENNSYLVANIA NO. 94 - 18h'i CIVIL TERM v. PROTECTION FROM ABUSE AND CUSTODY MICHAEL GEARY McCLOSKEY, Defendant TEMPORARY PROTECTIVE ORDER r;..+'" AND NOW, this ~ day of April, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, LOUANN S. McCLOSKEY, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, MICHAEL GEARY McCLOSKEY, the following Temporary Order is entered. The defendant, MICHAEL GEARY McCLOSKEY, now residing at 4770 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, LOUANN S. McCLOSKEY, or placing her in fear of abuse and is excluded from the residence located at 4770 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania, a reside~ce which is leased by the defendant but has been the marital residence. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order. he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the ... ... , . ..... . . Court Order directing the defendant to refrain from abusing the plaintiff. Temporary custody of BREANNA MARIE McCLOSKEY is hereby awarded to the plaintiff, LOUANN S. McCLOSKEY. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, restraining the defendant from entering the plaintiff's place of employment, from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. This Order shall remain in effect until a final order is entered in ~l\~t the "\ l this case. A hearing shall be held on this matter on day of April, 1994, at 60.0UP.m. in Courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in forma DauDeris pending a further order after the hearing. The Cumberland County Sheriff's office shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of Civil Procedure. The appropriate Police Departments in the areas where the plaintiff lives and works will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the ,"'.. ~., . .., .' defendant shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the defendant shall be taken before the appropriate district justice (23 Pa.C.S.A. Section 6113). By the Court, If) I ,J/a..tol rl f ~~r ~ ' 1 V J. TRUE COPY FROM RECORD In Te""""" \. I'" ., r I :"o.' .,. ,. .,.., t-J, , /It:'j) lli,'':; ~"'\t rn~' t..\r.d ,:t.......f ~ 10,-,,'2 .'. ^"f'_ ,~. . , (; .. '-"f.".J o,,~ 4o"V." It! ~" .t: ~. . "t ~, ',; "....'-" ....JlI t-: . ~ .....-... 'I, .... ro,jOlI':;O r. 1 his 13 ~ .dIJy of (~~'1' , 1"i 9 y' ~ L.., {, de..... ~,. / J .,. PrOlhonnrary ...... .. .. 4, .' .-.. " . 04, " . LOUANN S. MCCLOSKEY, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v. . NO. 94-1889 CIVIL TERM . MICHAEL GEARY McCLOSKEY, , NO. 407 CIVIL 1994 . Defendant . PROTECTION FROM ABUSE . , . AND CUSTODY . AND NOW, this ORDER FOR CONTINUANC~ ~~-Ih ApI" day of.FeD! ~l, 1994, upon consideration of the attached Motion for Continuance, the hearing scheduled for April 21, 1994, at 3:00 p.m. in Courtroom No.1, is generally continued to afford the parties time to execute a Consent Agreement. The Temporary Protective Order will remain in effect pending further order of Court. A copy of this Order for Continuance will be provided to the Hampden Township Police Department by the attorneys for the plaintiff. By the Court, , 0 M J Nanfl-M (C IJA.Po~ Harold E. Sheely, P.J. TRUE ('..c::;,/ FROM RECORD In Te"il~K.,O(i ~,::. ;'..:.f. ! Ij;,..'"",/_, ,"'1 my r.ftnd d . .,.... I.'. .... ...,.. I lid an, ti,e S~..11 0/ ;.:.;,:.' :,~'.:n ;;t.wr/isla, pa. Thl 8:.1/:. ~ ~\lY 01 ',199J1 ( '.. 1 .. ,1 , ~ Ii: It j'" .'.-,._'.... .. C' f .. (, t I . LOUANN S. McCLOSKEY, , IN THE COURT OF COMMON PLEAS OF . Plaintiff . . . CUMBERLAND COUNTY, PENNSYLVANIA . v. . NO. 94-1889 CIVIL TERM . MICHAEL GEARY McCLOSKEY, NO. 407 CIVIL 1994 Defendant . PROTECTION FROM ABUSE . . AND CUSTODY . MOTION FOR CONTINUANCE The plaintiff moves this Court for an Order continuing the hearing of this case until further Order of court, on the grounds that: 1. A Temporary Protective Order was issued by this Court on the 13th day of April, 1994, scheduling a hearing for the 21st day of April, 1994, at 3:00 p.m. 2. The defendant was served with the Temporary Protective Order and Legal Services, Inc. contacted his attorney, Charles Hartwell, to discuss entering into a Consent Agreement, and the two parties are negotiating a settlement. 3. The plaintiff requests that a general continuance be entered and that the Temporary Protective Order remain in effect pending further order of court. 4. A copy of the Order for continuance will be delivered to the Hampden Township Police Department by attorneys for the plaintiff. ( ., . I . J.. . I WHEREFORE, the plaintiff moves this Court to qrant the plaintiff's Motion, and to continue this matter until further Order of Court, ~~~ ~~~~A/ .-loan Carey v Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle PA 17013 (717) 243-9400 Ij .', <':'. . ,I I t , .,' I' . <. ' . LOUANN McCLOSKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUM8ERLAND COUNTY, PENNSYLVANIA NO, 94-1889 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY MICHAEL GEARY McCLOSKEY, Defendant ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties appear before 1-J11b" + X. (;'"/((\'1 and their respective counsel Cuq, , the conciliator, at 4Jh F/", (llA.Vl1b. Co (o,u'I"()"~n the ,"I'" day of Jv-Iy 1994, at q:3o A.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By the Court, IJ / tI.J, {' 4: I" ( 1\'. d); ("'"!J 1 1:'-',,_ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUM8ERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 -RI'~ rr~ ""I r'~()' I ~-'''''''RD I "'\,..:t~', \..~.~l"\ ("n.. ,,\,,, r-,t:,'...,I'\..I 1\1 i'.~,..;..;, ;......./ (if:. : ;.~-~. , i.,.'.' '.',~ ~. ~:tt; I',) f\cInj .'.~ . ... ", " " ;'.,..... .r...... L"J2 t.!I.-,t I .., ,",',.,: ..' .,.,1;.: .....'...: .. "',," ".. f '. I..,>. ,.1_:!.t.j'.',' t:,)'nl':<t., 1:1 fP '.': 'IV 1(\ ,( . . ~l._lt1~,,-:J..<"'____ - .--.-' ....""."..otan' ,--.. r'1...U'""., " .' . { - ,. I LOUANN S. McCLOSKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF . . . . : : CUMBERLAND COUNTY, PENNSYLVANIA . . NO. 94 - 188 rl CIVIL TERM . . . . v. : PROTECTION FROM ABUSE : AND CUSTODY MICHAEL GEARY McCLOSKEY. Defendant . . . . AND NOW, this PROTECTIVE ORDER "..l ~ day of June, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, MICHAEL GEARY McCLOSKEY, is enjoined from physically abusing the plaintiff, LOUANN S. McCLOSKEY, or from placing her in fear of abuse. 2. The defendant, MICHAEL GEARY McCLOSKEY, is hereby excluded from the premises located at 4770 Brian Road, Mechanicsburg, Pennsylvania, except for the purpose of facilitating periods of partial custody. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000 and/or by a sentence of up to six months in jail and any other appropriate punishment. Consent of the plaintiff to the defendant's resumption of residence with the plaintiff shall not invalidate this Order. The defendant shall seek modification (change) of this Order before resuming residence in the plaintiff's domicile. 3. The defendant, is ordered to .' . . .. .' . . . I . . ~ I' , stay away from any residence the plaintiff may establish for , herself in the future, except for the purpose of facilitating periods of partial custody. 4. The defendant,. MICHAEL GEARY McCLOSKEY, is ordered to refrain from harassing er stalking the plaintiff and from harassing the plaintiff's relatives. 5. This Order shall remain in effect for a period of one year. 6. The Hampden Township police Department will be provided with a copy of this Order by attorneys for plaintiff and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall not be taken to jail but shall be taken without unnecessary delay before the Court that issued the order. When that Court is unavailable, the defendant shall be arraigned before a district justice who shall set bail according to the provisions of Chapter 4000 of the pennsylvania Rules of criminal Procedure (23 PS section 6113). By the Court .. 1:'1 ~.{.(. g. ~ Harold E. Sheely, P.J. ... .:.l~nJ. ~. l'L -L Cl.' O,u..,/I.U........... ...........~l(.......k...... .. u ,..... I I ~ . ,', . '. ' ' , .J..J a: " ':-I' " . f . , .' . . c.... . LOUANN S. McCLOSKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF . . . . CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 94 - CIVIL TERM v. : PROTECTION FROM ABUSE : AND CUSTODY MICHAEL GEARY McCLOSKEY, Defendant . . . . CUSTODY ORDER AND NOW, this ____ day of June, 1994, upon consideration of the parties' Consent Agreement, the following Temporary custody Order is entered with regard to custody of the parties' child, BREANNA MARIE McCLOSKEY: 1. The plaintiff, Louann S. MCCloskey, will have primary physical custody of the child. 2. The defendant, Michael G. McCloskey, will have partial custody of the child at times which are mutually agreed upon by the parties. 3. The parties will share legal custody of the child. By the court, Harold E. Sheely, P.J. r....~.--~.~~..'-\~ '\"1'r"~ II. I f I .. .' , ... . . LOUANN S. McCLOSKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF . . , . CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94 - CIVIL TERM : v. PROTECTION FROM ABUSE : AND CUSTODY MICHAEL GEARY McCLOSKEY, Defendant . . CONSENT AGREEMENT This Agreement is entered on this cQ/srday of June, 1994, by the plaintiff, LOUANN S. MCCLOSKEY, and the defendant, MICHAEL GEARY McCLOSKEY. The plaintiff is represented by Joan Carey, of Legal Services, Inc.; the defendant is represented by Charles Hartwell, of Boswell, Snyder, Tintner & Piccola. The parties agree that the following may be entered as an Order of Court. 1. The defendant, MICHAEL GEARY McCLOSKEY, agrees to refrain from abusing the plaintiff, LOUANN S. McCLOSKEY or from placing her in fear of abuse. 2. The defendant agrees not to harass or stalk the plaintiff or harass the plaintiff's relatives. 3. The defendant agrees to stay away from the residence located at 4770 Brian Road, Mechanicsburg, Pennsylvania, except for the purpose of facilitating the defendant's periods of partial custody. 4. The defendant agrees to stay away from any residence the Plaintiff may establish for herself in the future, except for the purpose of facilitating periods of partial custody. '.._,--" , I , . . I , ~ .' . 5. The defendant, although entering into this Agreement, . , does not admit the allegations made in this Petition. 6. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one . year. . 7. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protective Order entered in this case. 8. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child: BREANNA MARIE McCLOSKEY: a. The mother will have primary physical custody of the child. b. The father will have partial custody of the child at times which are mutually agreed upon by the parties. c. The mother and father will share legal custody of the child. WHEREFORE, the parties request that an Order of Court be entered to reflect the above terms. .~ , C. Lv Michael McCloskey, Def ant n Carey Attorney for Pl LEGAL SERVICES, 8 Irvine Row Carlisle, PA 17013 /~ I! . /- .f. ([,. L '-" Charle Hartwell Attorney for Defendant Boswell, Snyder, Tintner & Piccola 315 N. Front Street Harrisburg, PA 17101 r I ~ .' . , c,.' . BOSWELL, SNYDER, T1NTNER & PICCOLA COUNSELOR,) AT LAW 31' NORm FRONT STREET P.o. Box 741 HARRISBURG. PA 17108.0741 WILLIAM D. BOSWeLL CONN L. SNYDCR LeONARD TINTHtR oI['Fntv t. PICCOLA JeFFRey A, BosweLL BRIQID Q. ALFORD MARK R, PARTHCMCA CHARLes .I. HARTWELL 17171230.0377 FAX 17171230.8310 RICHARD B. WICKeRSHAM or COUNSCL June 20,1994 Ms. Sonya Hinkel, Paralegal Legal Services, Inc. a Irvine Row Carlisle, PA 17013 Re: McCloskey v. McCloskey Dear Ms, Hinkel: Enclosed please find an executed Consent Agreement and related documents for the above matter. Because of the lack of specificity within the Consent Agreement, we would like for the conciliation to proceed. Accordingly, please do not contact the conciliator to cancel the conference. Should you have any questions regarding this maller, please feel free to give me a call. Sincerely, C,:~ .l~.. Charles J. Hartwell CJH/par cc: Mr. Michael G. McCloskey f"-" ..~~....~..," ~ .' . c.'" . LEGAL SERVICES, INC. 8 Irvine Row Carlislc. Pennsylvania 17013 (717) 243.9400 Fax (7t7) 243.8026 WCSI Shore (717) 766.8475 f....u.. f.,. lAM Clwobo_ "._112111 (717)264-5>>4 19W.UipSUcaI Oclf)'IburJ. rc.~ Inn (7IT)JJ4.7W 101 U8c:a1. w.., EuI p,o,,, +15 McCuMtlbINra. rc.....,.,.,.~ 172JJ (7I7)W..w15 July 6, 1994 Mr. Hubert x. Gilroy Broujos, Gilroy & Houston 4 North Hanover St. Carlisle, PA 17013 Re: McCloskey v. McCloskey Dear Mr. Gilroy: This is to confirm that, by agreement of the parties, the Custody Conciliation Conference scheduled for July 7, 1994, at 9:30 a.m. has been rescheduled for September 8, 1994, at 9:30 a.m. Thank you for your time and consideration. Sincerely, 71~r7L' Monica Lahr L~':ldl Intern Inc. cc: L. McCloskey C. Hartwell . ~ SERVISG ADAMS, ClJI\IlIERI..\NIl. FRANKLIN AND FULTON COU:-'''ES . . I . I .' . ..... . BOSWELL, SNYDER, TINTNER & PICCOLA COUNSELORS AT LAW 315 NOR1l1 FIONT mEET p.o. Box 741 "AKKISBUIG, PA 17108.0741 WILLIAM D. BosweLL DONN L. SNYDER LEONARD T1NTNER JCFFRCY t. PICCOLA JEFFRCY R. DOSWCLL SRIGID O. ALFORD MARK R, PARTHEMER CHARLES J. HARTWELL 17171 23e.V377 r.u 17171 23e.D31tS RICHARD 0, WICKeRSHAM OF' COUNSCL July 14, 1994 Ms. Sonya Hinkel, Paralegal Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 RE: McCloskev v. McCloskev Dear Ms. Hinkel: I have not received a response to my latest call to your office, and I have yet to receive a Stipulation for visitation as was promised from your office in exchange for the rescheduling of the custody conciliation. Mr. McCloskey has not seen his daughter for close to two weeks now, notwithstanding two agreements providing him visitation. Please let me know at your earliest possible convenience whether we can anticipate receipt of the stipulation. In the alternative, please advise as to whether you would object to a Petition for Emergency Relief in light of circumstances. Thank you for your attention. Sincerely, C~ Charles J. Hartwell CJH/dlf cc: Michael McCloskey sent by first class mail and fax to 243-8026 &.t:.....HL.. ::.t:." v ,,,,,c,.,;,, ~ ,.,"". _"'1''''''......._.... ~. . ( .. , - 4.'" . LEGAL SERVICES, INC. 8 Irvine Row Carli5le. Pennsylvania 17013 (717) 243-9400 Fax (717) 243-8026 Weal Shore (717) 766-8475 r-...w.,.,.. W4 -. \".......................'tan. 1""....1>>1 I' "Y. H....ICfCd ~'.. ,...,..... .'JU "17) JJ4.1tU Ilnu..w".a.u '.0.110..($ ....,.-_...",'-10 h....,MAI. 111U ru'l ..,..." July 14, 1994 Charles Hartwell, Esquire Boswell, Snyder. Tintner & Piccola P.O. Box 741 Harrisburg, PA 17108-0741 RE: McCloskev v. McCloskey Dear Charles: I have spoken with Ms. McCloskey, and she is not willing to agree to any visitation at this time. Due to communication problems, I intend to withdraw as Ms. McCloskey's attorney. Ms. McCloskey agreed that Legal Services refer the case to a private attorney and we intend to prioritize this referral. We will advise you when another attorney accepts this case. Sincerely, LEGAL SERVICES, INC. ~.J rf1in Carey Attorney at Law JC:pf . UIlI:U SERVING ADAMS, CUMBERLAND, f'RANKUN AND FULTON COUNTIES "-''-~'~.t1l , .... . . .. . ".. . . LOUANN S. MCCLOSKEY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNA. v. : NO. 94-1889 : NO. 407 CIVIL 1994 MICHAEL GEARY MCCLOSKEY, : PROTECTION FROM ABUSE & DEFENDANT : CUSTODY CERTIFICATE OF SERVICE I, Denise L. Foster, Paralegal, do hereby certify that I have served a true and correct copy of the Motion for Emergency Relief on the following: Joan Carey, Esquire Legal Services, Inc. 8 Irvin Row Carlisle, PA 17013 Louann McCloskey 4770 Brian Road Mechanicsburg, PA 17055 Method of Service: ~irst class mail Certified mail Other BOSWELL, SNYDER, TINTNER & PICCOLA BY~ ~rr;k Denise L. Foster, Paralegal . ,,' . . . . . Co... . .. LOU ANN S. MCCLOSKEY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNA. v. : NO. 94-1889 : NO. 407 CIVIL 1994 MICHAEL GEARY MCCLOSKEY, : PROTECTION FROM ABUSE & DEFENDANT : CUSTODY VERIFICATION I, Michael Geary McCloskey, Defendant, hereby verify that the facts contained In the foregoing Motion for Emergency Relief are true and correct to the best of my knowledge, Information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C,S.A. fi4904 relating to unsworn falsification to authorities. hN')j~~~~ Michael eary Mc oskey Zl DATE: July 18, 1994 .~,. . .r ~ ;f , J LOUANN S. McCLOSKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I f I' ,. V. MICHAEL GEARY McCLOSKEY, Defendant CIVIL ACTION - LAW NO. 94-1889 CIVIL TERM ~ IN RE: PETITION FOR SPECIAL RELIEF IN CUSTODY . , , ORDER OF COURT AND NOW, this 11th day of August, 1994, the parties appeared in court today. The Plaintiff was not represented by counsel because Legal Services has inforroed me that they can no longer represent her because they cannot agree. Also, Mr. Harker, pro bono counsel, has informed the Court that he will not represent the Plaintiff either because he and she cannot agree on matters involving this case. The Defendant was represented by counsel. There has been a conciliator hearing set on this case for September 8th, 1994. The purpose of this temporary order is to set definite times between now and then when Mr. McCloskey may have partial custody of his daughter; therefore, it is ordered and directed that commencing Sunday, August 14th, 1994, Mr. McCloskey will have partial custody of his daughter from 1:00 p.m. to 8:00 p.m. and on the following Wednesday, August .' 17th, 1994, he shall have partial custody of his daughter from 6:00 p.m. to 8:00 p.m. and thereafter on each Wednesday and on each Sunday at those times. The parties have agreed that Mr. MCCloskey shall pick ~ -., ._,-. .. up his daughter at Hardee's located on North Hanover street in Carlisle, and he shall return his daughter to Hardee's when his partial custody time has expired. For the record, the daughter's name is Breanna M. McCloskey, and her date of birth is January 26th, 1993. By the Court, (=... r Sheely, P.J. H Louann S. McCloskey P.O. Box 1443 Mechanicsburg, PA 17055 Charles J. Hartwell, Esquire For the Defendant :lfh Q ~ Pv 1'/1#17 oJ> .0: ILl ..:l P. .... .... ~ - .... >os:: Z ~ i~ Z x .... ILl'" .0: 0 p: ... :<:'0 w - ~~ ILl . s:: UlS:: C!l \,!) < E-< >0.... OQJ Z Z - f OZ :3: ILl'" ..:l'" H Vi~oH I ot:J .o:..:l :<:.-1 OQJ p: VI z>~ 0 ..:lH UlP. U~ .0: Ci !<8 5:! ~ fl<O > 0 X ILl "," 0 IH ..:l :I:fI< ~S~zt Ii ~ 0 0 >0 ILl ffi~~~~ E-<Z.o:z u p: P:H I P:.o:HOcn X .0: O..:l \,!) - , t:J..:lZHa:> ILl fl<1Ll Z <F::i~ o P:.o: E-<a:> . C!l p: OILl>O.... Ul > Z Vi 'X I 1'll..:l.o:1 ..:l O..:l III Z - Q. ILlX>O '<I' Z ILl H.o: Cl ~~ :I:l:JUl..:lcn Z .0: E-<H E-<OZH .0: :I: HO Z> . t:J 0 E-<1Ll ZfI<lLlHO 0 H 1LlP. HOP.OZ ..:l X P.Ul . . . SEP 221994d~.. LOUANN S. McCLOSKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL GEARY McCLOSKEY, Defendant CIVIL ACTION - LAW NO. 94-1889 CIVIL TERM ORDER AND NOW, this J. --rthday of GPh...-.hl/L 1994, a Hearing on the within Petition for Special Relief and Hearing filed by Louann S. .McCloskey is scheduled for "7U..W. I tJd. J../.. /99Lf. at _ /. !} /? / / ....::JO o'clockr.:...,m. in courtroom number one at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. Court, (~ - ", i . i q.l'-1.~v~J I,', ()JlJ.' t-lD1v! J. c" - "[',' ~ 1.11 ~ ',,_ '!,\ . .',h ,. C L- ~ '., " I, "~ : "f 11.1,;", ...',!. SEP Z7 3 52 PH '911 - :c,,~!im~~~tts~m LOUANN S. MCCLOSKEY, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : v. MICHAEL GEARY MCCLOSKEY, Defendant . . CIVIL ACTION - LAW NO. 94-1889 CIVIL TERM . . PETITION POR HEARING AND SPECIAL RELIEF I AND NOW, comes Louann MCCloskey by and through her Attorneys, I Dissinger and Dissinger and requests the court continue in effect the Order of August 11, 1994, and to the extent that any II Conciliator's Report has been filed or will be filed, and to the II extent that the recommendations of the Conciliator vary from the I[ Order of August 11, 1994, and in the event any Conciliator's report Ilrecomme... a different viaitation schedui. than the Order of ADqust 111, 1994, she requests the Court to schedule a Hearing on the issue I to determine the periods of temporary custody to which Michael I Geary McCloskey may be entitled. I I I 1. The Petitioner is Louann McCloskey , , ; I I I , I 2. The Respondent is Michael Geary McCloskey. I , i ! I 3. The parties appeared for a hearing, before this Honorable i Court on August 11, 1994 and the Court entered an Order granting the Respondent periods of partial custody on every Wednesday from 6:00 p.m. to 8:00 p.m. and every Sunday from ,I I I I I I I I I I 8. I I I i ! 1:00 p.m. to 8:00 p.m., and requiring him to pick the child up at Hardee's on North Hanover street in Carlisle and to return the child to the same location at the conclusion of his periods of temporary custody, 4. The Order of August 11, 1994 was entered by this Court after the parties appeared before the Court. 5. A Conciliation Conference had been scheduled prior to the Order setting September 8, 1994 as the date for the Conciliation Conference. 6. The Petitioner attended the Conciliation Conference without benefit of Counsel. 7. Petitioner was told by the custody Conciliator that the child would probably be required to spend weekends from Saturday morning until Sunday evening with the Respondent and the Conciliator recommended that there be another Conference in November to expand overnight visits. The Pp.titioner informed the Conciliator, Hubert Gilroy, that she did not agree with overnight visits because the child was too young and because, the child, was still breast feeding on a regular basis. Ii ~,<..,^.,___",~,~ ,"" ""O^-~'''''' 9. The Conciliator said he would speak with the Judge, left the conference room, and returned to announce to the Respondent that the Judge thought the child should spend overnight with the Respondent. 10. Petitioner now believes that the Conciliator did not speak with the Judge but at the time believed that he had. Petitioner still believes that the child is too young to spend overnight with the Respondent and that to require the child to spend overnight now, while she is still breast feeding would be inappropriate and detrimental to the child's physical and mental health. The child is only twenty months of age. The child has been with the Mother almost twenty-four hours a day since birth. After the present brief visits the child has with the Father, ii the child returns exhibiting unusual behavior. If 11. I II II II !I 1112. II q " I, 1113. Ii ,- :1 Ii Ii Ii 1, 14. 15. Among the unusual behaviors exhibited by the child are: periods of extreme quiet, biting her nails, prolonged periods of screaming, periods in which she clings to the mother for hours on end, refusal to nap and sleep all night long, *',~.. ."......-, . - ,_.",...~ .1 crankiness and fussiness. 16. Some of these behaviors were never exhibited by the child prior to visits with Mr, McCloskey, and others have never been this extreme. Petitioner requests that the Court schedule a Hearing to take testimony from herself and other parties as to the behavior of the child after visits with Mr. McCloskey prior to entering any Order that might expand the periods of temporary custody of the Respondent. II , Respectfully submitted: DISSINGER & DISSINGER BY:'7Jil()!k. -'~ Mary A. E ter Dissinger 400 South State Road Marysville, PA 17053 (717) 957-3474 Attorney for Petitioner I II I I , I I , , _r"".-'l!>t>,"_.-.,>'_H","'''''...'~ II VERIFICATION I, Louann Mccloskey, verify that the statements made in the foregoing Reply are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904, relating to unsworn . CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for the Defendant, by First Class United states mail addressed as follows: Charles Hartwell, Esquire Boswell, snyder, Tintner & Piccola 315 North Front street P.O. Box 741 Harrisburg, PA 17108-0741 Date: '1/:1-.2.117 4~T ~atJ- ~ Mary/A. Etter D ssinger-. \ SEP 23 1994 de- . LOU ANN S. MC CLOSKEY, PlaintiU :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NOS. 1889 AND 2362 - CIVIL - 1994 . . MICHAEL GEARY MC CLOSKEY, Defendant . . :CIVIL ACTION - CUSTODY COURT ORDBR AND NOW, this ____ day of , 1994, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Louann S. McCloskey, and the Father, Michael Geary McCloskey, shall have shared legal custody of Breanna M. McCloskey, born January 26, 1993. 2. The Father, Michael Geary McCloskey, shall have periods of temporary physical custody of tIle minor child as follows: A. On alternating weekends from Saturday at 9:30 A.M. until Sunday at 7:30 P.M. starting on September 24. B. On Monday, September 12, 1994 from 4 P.M. until 8 P.M. Also, during the sarne time on Monday, September 19, 1994 and on alternating Mondays thereafter. 3. The Mother indicated that she is going on a vacation in October. This vacation may interfere with Father's Monday night scheduled visitation. Mother will notify Father of the dates of this vacation and make arrangements to have a replacement Monday. 4. The Father's Petition for Contempt is withdrawn and the Hearing scheduled for September 26, 1994 is canceled. Father reserves the right to renew this Petition for Contempt at some point in the future if he deems a renewal is necessary. 5. The parties shall meet for a Custody Conciliation Conference on November 10, 1994, at 8:30 A.M. 6. Exchange of custody shall take place at the Dunkin Donuts in Mt. Holly Springs or at some other location mutually agreed upon by the parties. Judge Harold B. Sheely, P.J. , . BY THB COURT, cc: Charles J. Hartwell, Bsquire Louann S. McCloskey - P. O. Box 1443 Hechanicsburg, PA 17055 . . LOUANN S. MC CLOSKEY, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NOS. 1889 AND 2362 - CIVIL - 1994 MICHAEL GEARY MC CLOSKEY, Defendant . . . . :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE HAROLD E. SHEELY, P.J. CONCILIATION CONFERENCB SUHHARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Breanna M. McCloskey, born January 26, 1993. 2. A Conciliation Conference wa$ held on September 8, 1994, with the following individuals in attendance: The Mother, LouAnn S. McCloskey, who did not have legal counsel and the Father, Michael Geary McCloskey, who was represented by Charles J. Hartwell, Esquire. 3. The parties have had a number of disputes including protection from abuse and various Petitions filed with the Court. There is currently pending a Petition for Contempt against the Mother. The Conciliator talked to the parties and recommended a custody arrangement on a temporary basis pending a second Conciliation Hearing. This would include cancellation of the Contempt Hearing. It would provide for Father getting overnight visitation on weekends for one night in the beginning, with the anticipation that this would be expanded to two nights on alternating weekends if things work out well for the first few weekends. There was also a discussion to the effect of modifying the existing schedule to allow the Mother an opportunity to travel out of the area if necessary. The Father represents that he has sleeping accommodations for the minor child. 4. An issue arose concerning exchange of custody and transportation. Mother suggests she is losing her insurance and cannot drive. There is a problem on . . exchange of custody because of the Protection of Abuse Order. The Conciliator recommends that the Father handle the transportation with the understanding that he will have the child overnight for a period of time pending a second Conciliation Conference. 5. with the provision that the Father start to see the child overnight, the Father is willing to withdraw the Contempt Petition at this time, with the understanding that the facts alleged in the current Contempt Petition may be brought up again if a second Attempt Petition is necessary. 6. The Conciliator recommends an Order in the form as attached. ML DATE re Hubert x. Gilroy, Custody Concilia , SEP 2 3 199~ ri.e. LOUANN S. MC CLOSKEY, Plaintiff :IN THE COURT OF CONNON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVANIA v . . :NOS. 1889 AND 2362 - CIVIL - 1994 . . MICHAEL GEARY MC CLOSKEY, Defendant . . :CIVIL ACTION - CUS'l'ODY COURT ORDER AND NOW, this day of , 1994, upon consideration of t~ttached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Louann S. McCloskey, and the Father, Michael Geary McCloskey, shall have shared legal custody of Breanna M. McCloskey, born January 26, 1993. . 2. The Father, Michael Geary McCloskey, shall have periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Saturday at 9:30 A.M. until Sunday at 7:30 P.M. starting on September 24. B. On Monday, September 12, 1994 from 4 P.M. until 8 P.M. Also, during the same time on Monday, September 19, 1994 and on alternating Mondays thereafter. 3. The Mother indicated that she is going on a vacation in October. This vacation may interfere with Father's Monday night scheduled visitation. Mother will notify Father of the dates of this vacation and make arrangements to have a replacement Monday. 4. The Father's Petition for Contempt is withdrawn and the Hearing scheduled for September 26, 1994 is canceled. Father reserves the right to renew this Petition for Contempt at some point in the future if he deems a renewal is necessary. 5. The parties shall meet for a Custody Conciliation Conference on November 10, 1994, at 8:30 A.M. 6. Exchange of custody shall take place at the Dunkin Donuts in Mt. Holly Springs or at some other location mutually agreed upon by the parties. ?, L , BY THE COURT, Judge Harold E. Sheely, P.J. co: Charles J. Hartwell, Esquire Louann S. HcCloskey - P. O. Box 1443 Hechaniosburg, PA 17055 , - " ,'.~ , LOU ANN S. MC CLOSKEY, Plaintiff :IN THE COURT OF CONNON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NOS. 1889 AND 2362 - CIVIL - 1994 : v MICHAEL GEARY MC CLOSKEY, Defendant . . :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE HAROLD E. SHEELY, P.J. CONCILIATION CONFBRENCB SUNIUlRY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Breanna M. McCloskey, born January 26, 1993. 2. A Conciliation Conference wa, held on September 8, 1994, with the following individuals in attendance: The Mother, LouAnn S. McCloskey, who did not have legal counsel and the Father, Michael Geary McCloskey, who was represented by Charles J. Hartwell, Esquire. 3. The parties have had a number of disputes including protection from abuse and various Petitions filed with the Court. There is currently pending a Petition for Contempt against the Mother. The Conciliator talked to the parties and recommended a custody arrangement on a temporary basis pending a second Conciliation Hearing. This would include cancellation of the Contempt Hearing. It would provide for Father getting overnight visitation on weekends for one night in the beginning, with the anticipation that this would be expanded to two nights on alternating weekends if things work out well for the first few weekends. There was also a discussion to the effect of modifying the existing schedule to allow the Mother an opportunity to travel out of the area if necessary. The Father represents that he has sleeping accommodations for the minor child. 4. An issue arose concerning exchange of custody and transportation. Mother suggests she is losing her insurance and cannot drive. There is a problem on , exchange or custody because or the Protection or Abuse Order. The Conciliator recommends that the Father handle the transportation with the understanding that he will have the child overnight ror a period or time pending a second Conciliation Conrerence. 5. With the provision that the Father start to see the child overnight, the Father is willing to withdraw the Contempt Petition at this time, with the understanding that the racts alleged in the current Contempt Petition may be brought up again ir a second Attempt Petition is necessary. 6. The Conciliator recommends an Order in the rorm as attached. ~ DATE .. Hubert X. Gilroy, Custody Concilia ~ SEP 2 3 199~ d(!, LOUANN s. MC CLOSKEY, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NOS. 1889 AND 2362 - CIVIL - 1994 : MICHAEL GEARY MC CLOSKEY, Defendant . . :CIVIL ACTION - CUSTODY COURT ORDBR AND NOW, this day of , 1994, upon consideration of t~ttached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Louann S. McCloskey, and the Father, Michael Geary McCloskey, shall have shared legal custody of Breanna M. McCloskey, born January 26, 1993. 4 2. The Father, Michael Geary McCloskey, shall have periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Saturday at 9:30 A.M. until Sunday at 7:30 P.M. starting on September 24. B. On Monday, September 12, 1994 from 4 P.M. until 8 P.M. Also, during the same time on Monday, September 19, 1994 and on alternating Mondays thereafter. 3. The Mother indicated that she is going on a vacation in October. This vacation may interfere with Father's Monday night scheduled visitation. Mother will notify Father of the dates of this vacation and make arrangements to have a replacement Monday. 4. The Father's Petition for Contempt is withdrawn and the Hearing scheduled for September 26, 1994 is canceled. Father reserves the right to renew this Petition for Contempt at some point in the future if he deems a renewal is necessary. 5. The parties shall meet for a Custody Conciliation Conference on November 10, 1994, at 8:30 A.M. 6. Exchange of custody shall take place at the Dunkin Donuts in Mt. Holly Springs or at some other location mutually agreed upon by the parties. - ~ BY THE COURT, Judge Harold E. Sheely, P.J. co: Charles J. Hartwell, Esquire Louann S. McCloskey - P. o. Box 1443 Mechanicsburg, PA 17055 l. .',. -,-,... " LOUANN S. MC CLOSKEY, PlaintiEf :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NOS. 1889 AND 2362 - CIVIL - 1994 . . MICHAEL GEARY MC CLOSKEY, Defendant . . :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE HAROLD E. SHEELY, P. J . CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Breanna M. McCloskey, born January 26, 1993. 2. A Conciliation Conference was held on September 8, 1994, with the following individuals in attendance: The Mother, LouAnn S. McCloskey, who did not have legal counsel and the Father, Michael Geary McCloskey, who was represented by Charles J. Hartwell, Esquire. 3. The parties have had a number of disputes including protection from abuse and various Petitions filed with the Court. There is currently pending a Petition for Contempt against the Mother. The Conciliator talked to the parties and recommended a custody arrangement on a temporary basis pending a second Conciliation Hearing. This would include cancellation of the Contempt Hearing. It would provide for Father getting overnight visitation on weekends for one night in the beginning, with the anticipation that this would be expanded to two nights on alternating weekends if things work out well for the first few weekends. There was also a discussion to the effect of modifying the existing schedule to allow the Mother an opportunity to travel out of the area if necessary. The Father represents that he has sleeping accommodations for the minor child. 4. An issue arose concerning exchange of custody and transportation. Mother suggests she is losing her insurance and cannot drive. There is a problem on # . " exohange of custody because of the Protection of Abuse Order. The Conciliator recommends that the Father handle the transportation with the understanding that he will have the child overnight for a period of time pending a seoond Conciliation Conference. 5. with the provision that the Father start to see the child overnight, the Father is willing to withdraw the Contempt Petition at this time, with the understanding that the facts alleged in the current Contempt Petition may be brought up again if a second Attempt Petition is necessary. 6. The Conciliator recommends an Order in the form as attached. ~ DATE . Hubert X. Gilroy, Custody Concilia ,~~~~..........."'~ -.i _ -_;''-':'~~._~;l '" ... LOUANN S. McCLOSKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL GEARY McCLOSKEY, Defendant CIVIL ACTION - LAW NO. 94-1889 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF IN CUSTODY BEFORE SHEELY. P.J. MEMORANDUM OPINION AND ORDER OF COURT A hearing was held today on a petition filed by Louann MCCloskey on September 22nd, 1994. Chronologically I entered an order on August 11th, 1994, which directed that Michael MCCloskey have partial custody of his daughter on Sundays from 1:00 p.m. to 8:00 p.m. and on Wednesday of each week from 6:00 p.m. to 8:00 p.m. and this order was to remain in effect until the custody conciliator's hearing which was to be held on September 8th, 1994. There was a conciliator's hearing on that date and the custody conciliator recommended that Michael McCloskey have partial legal custody of his daughter on alternating weekends from Saturday at 9:30 a.m. until Sunday at 7:30 p.m. and on Mondays from 4:00 p.m. until 8:00 p.m. alternating accordingly. The petition filed by Louann McCloskey on September 22nd asked for certain remedies, and I set a hearing for today. ORDER OF COURT AND NOW, this 4th day of October, 1994, upon consideration of all factors and the testimony I heard, I make the following order: 1. The parties shall comply with the order of court dated August 11th, 1994, as to partial custody of Breanna McCloskey, born January 26th, 1993, except that the Court expands the Wednesday visitation from 5:00 p.m. until 8:00 p.m. 2. This order shall remain in effect until Tuesday, December 6th, 1994. The Court directs that the parties appear on that date at 2:00 p.m. and I will hear any testimony at that hearing that relates to partial custody from today until that date. 3. The recommendations of the custody conciliator are cancelled and are made null and void. The Court in the future will hear all matters involving this custody situation and no further matters will be referred to the custody conciliator. 4. The Court would direct that any scheduled exchange for partial custody that is not carried out within ten minutes of the time set forth in this order shall be constituted a refusal to comply with the order and contempt will follow accordingly. 5. If the mother alleges that the child is ill and cannot be present for any of the above dates and times, the Court directs that she will take the child to a physician the next day and the Court will expect that a physician's report will be set forth in writing indicating what the illness of the child was. " - If she fails to get such a physician's statement, the Court will believe that the child was not sick and she will be held in contempt accordingly. 6. The father shall pick up his daughter at the Dunkin Donuts located in Mt. Holly springs, and he shall return his daughter to the Burger King located in the Carlisle Plaza Mall where the mother shall pick her up. By the Court, t~~'l F -a Harold E. Sheely, P.J. Mary A. Dissinger, Esquire For the Plaintiff Charles J. Hartwell, Esquire For the Defendant :lfh 'I OCT '/ I lilt 7 AH '9~ -n', II~~ ri' .hJ'" \'" . I f.L< .'~.. :p} 111';1 f ~ ;': ~, ,j." .... '.. * : IN THE COURT OF COMMON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVANIA LOo^AM S. (I'Ic(/~7Plaintiff v . . :CIVIL ACTION - LAW . ;NO. 'iLI-' H.'t CIVIL ~td...r\ M, CIOIillrtDefendant :CUSTODY/VISI-TATION ORDER OF COURT AND NOW, this AP(d~he'l 1~'1T , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before a L~VI ~ - SL the concilia1;:or, at '"I (;". t\~~. i ~/, (1"(' r .,t', 4 on the 'jl-Ilcl day of MCA.';( , 19 "15 , at J 'Pm M., for a Prehearing 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~y the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. * 19 FOR THE COURT: By: ~'.'n A2 Custody Conc 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717 )240-6200 ~ , A?R 10 12 25 PH '95 ." ": ,; f; j~ I" . _j :j , : '~r \ ': .. r; ,.t I f I j ~; i. /& .9,) (},,/ (}7-j' I':'~:.I/ '6 4 ~;-4cJe# I,/PfT *ta ,nta:.ti/7J~~ /-j,/C ff &/1 PIaN 7J f). ~ . :S ;i! ~ ~ ~ fj~ i a: ~~~ ::!i! III 0 ci:l OH el~ tH:: '" ~ ,. U><..:l ~ III ! l? ~H III III U~ ~ ~. ",_!5 ~~~ ~~ :Era:! cr- c:lo U ~! ~ ~ OU ><, - - ~: ~U U~ . ~~ Ill: '" . 'j Ill: 0\ :E~ > 0 ~ ~~; tJi:lCll H ~ O~Cll .~ CJ~ U o-i IIlZ Z Z :;; _ I H 0 '" - ra:! ..,. ~~ I~ H ::f == 0\ ~ '" ~~O H ~ tJ ~ 0 H 0 HUZ ..:l :E c:lo l:Q , \ \ " ~ ...,.~ .. .:' , / . . '. . . LOUANNS.MCCLOSKE~ PLAlNTIFFI RESPONDENT : IN mE COURT OF COMMON PLEAS : CUMBERLAND COUNIY, PENNA. NO. 94-1889 CIVIL TERM v. . . MICHAEL GEARY MCCLOSKEY, DEFENDANTI P~uuONER NOTICE AND ORDER TO APPEAR TO: LOUANN McCLOSKEY: Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of Court for Custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to filed in writing with the Court your defenses or objections. Whether or not you file in writing with the Court your defense or objections, you must appear in person in Court on , at M., in Courtroom , at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. IF YOU NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the Court finds that you have willfully failed to comply with its Order for Custody, you may be found in contempt of Court and committed to jail, fined or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 BY THE COURT: Judge DATE: m:\homc\ejb\famlly\mcconlp.pct Draft #1 April 4, 1995 Charlcs J. Hartwell, Esquire Supremc Courtl.D. #526S5 BOSWELL, SNYDER, TINTNER & PICCOLA 315 N. Pront Strect PO Box 741 Harrisburg, PA 171~41 (717) 236-9377 Attorneys for Dcfendant LOUANN S. MCCLOSKEY, PLAINTIFF/RESPONDENT : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNA. . . v. : NO. 94-1889 CML TERM . . MICHAEL GEARY MCCLOSKEY, DEFENDANT/P1!;T1UONER . . PETITION FOR CONTEMPT Defendant, Michael Geary McCloskey, by his attorneys, Charles 1. Hartwell, Esquire, Boswell, Snyder, Tintner & Piccola, respectfully petitions this Court to hold Defendant in Contempt for violation of a Court Order, dated December 8, 1994, and in support thereof states the following: 1. Petitioner is Michael Geary McCloskey, residing at 9 Cottage Court, Mechanicsburg, Pennsylvania 17055. 2. Respondent is Louann McCloskey, whose last known address was 24 Brough Road, York Springs, Pennsylvania 17372. 3. Petitioner and Respondent were married on October 14, 1989. . . 4. During their marriage, petitioner and respondent had a child: Breanna M. McCloskey, born Ianuary 23,1993. S. Petitioner and Respondent are currently undergoing a divorce proceeding In Cumberland County, No. 94-2362 Civil term. Respondent has raised a claim for custody in Count VII of said complaint. 6. The instant proceedings were instituted pursuant to a claim for Protection from Abuse, with an ancillary claim for custody. 7. Respondent has previously refused or denied visitation on the following occasions: a. April 13, 1994 to Iune 21, 1994; b. Iuly I, 1994 to Iuly 14, 1994. See, Exhibit "A"; c. August 17, 1994; d. August 21, 1994; e. August 28, 1994; f. August 31, 1994; g. September 19, 1994; h. September 24,1994; and I. The weekend of March 24,1995 8. After a hearing on a Petition for Special Relief held on October 4, 1994, this Court entered a Memorandum Opinion and Order holding that failure to carry out any exchange of custody In a timely fashion shall be grounds for contempt. -2- . . 9. Additionally, failure to provide a physician's report of alleged I1Inesses of the child was Identified In the Order as grounds for contempt. 10. On or about November 18, 1994, Petitioner scheduled counselling sessions for the parties with Dr. Richard WIlliams. Respondent attended one session. and refused to attend any further sessions. 11. In September of, 1994, Respondent was fined by a District Justice for harassment of Petitioner. See, Exhibit "B". 12. On December 8, 1994, upon stipulation of the parties, This Court entered an order granting Petitioner, Inter alia, partial physical custody of the child on each Monday following Respondent's weekends of custody from 5:00 p.m. to 8:00 p.m. True and correct copies of said stipulation and Order are attached hereto as Exhibit "C," collectively. 13. After oral agreement between counsel, Petitioner submitted a stipulation allowing for overnight weekend visits on alternating weeks to opposing counsel. Said stipulation has not been returned. The parties have, however, been arranging custody in accordance with the terms thereof. 14. On March 24, 1995, counsel for Respondent contacted counsel for Petitioner by telephone, and indicated that the child was Ill. Counsel further Indicated that no visitation would occur on that weekend. Counsel for Petitioner requested medical documentation in writing of the I1Iness, but no documentation has been received to date. See, Exhibit "0". -3- ..--- IS. On March 30, 1995, counsel for Petitioner contacted counsel for Respondent and requested an additional hour of visitation on April 3, 1995. Counsel for Respondent indicated later that day that contact with Respondent was impossible, and that extended visitation on April 3, 1995 was not agreeable. 16. Thereafter on April 3, 1995, counsel for Respondent indicated that Respondent would not deliver the child until 6:00 p.m. on that day. Counsel for Petitioner therefore requested an additional hour of visitation at the end of the regularly scheduled time. See, Exhibit "E". 17. On April 3, 1995, Respondent was to deliver the child to Petitioner for his Monday visitation. Petitioner arrived at the agreed location at 5:00 p.m., but Respondent did not appear. Petitioner returned at 6:00 p.m., and at that time Respondent appeared with the child. She brought the child toward Petitioner. When Petitioner requested additional time pursuant to prior correspondence, Respondent snatched the child away, snapping her head back and throwing her into the car seat in her vehicle. Petitioner then agreed to an earlier return time, but Respondent refused any visitation, stating "Just take me to court, they won't do anything:' 18. Despite repeated requests, Respondent has provided no medical information on the child. 19. Despite written requests, Respondent has refused Petitioner telephone access to the child when in her custody. 20. Respondent has willfully disobeyed the Court Order of December 8, 1994. -4- . . WHEREFORE, Petitioner respectfully requests this Court to: (a). Find Respondent, Louann McCloskey, In Contempt for wl1lful violation of the Order of Court dated December 8, 1994; and (b). Grant Petitioner primary custody of the minor child, with reasonable visitation to Respondent; (c). Direct that Respondent attend counselling sessions; and (d). Grant such other and further relief as may be appropriate. RESPECTFULLY SUBMITTED, BOSWELL, SNYDER, TINTNER & PICCOLA By: DATE: April 4, 1995 -5- LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243.9400 Fax (717) 243.8026 West Shore (717) 766.8475 FraaUII F.nn lMt au.htnlMar.. r.~. 17201 (lIT)If>4.SlS' I' w. IUP Sine. "'........~17m (717)>>4.1111 IOJ 1JDcD. Way EuI ..0."445 w..r-...u.u'lo Pc........ 17113 (7171~1S July 14, 1994 Charles Hartwell, Esquire Boswell, Snyder, Tintner & Piccola P.O. Box 741 HarriSburg, PA 17108-0741 RE: McCloskey v. McCloskey Dear Charles: I have spoken with Ms. McCloskey, and she is not willing to agree to any visitation at this time. Due to communication problems, I intend to withdraw as Ms. McCloskey's attorney. Ms. McCloskey agreed that Legal Services refer the case to a private attorney and we intend to prioritize this referral. We will advise you when another attorney accepts this case. Sincerely, LEGAL SERVICES, INC. ~.J ~ "carey Attorney at Law JC:pf EXHIBIT A SERVING ADAMS, CUMBERLAND, FRANKLIN AND FULTON COUNTIES . ~ . , FROM 717S?5SSS3 Mil IL ROOM APR.04.SS IIIIPM 'P..IllIllI' \ JCIi(-\~ . Ll V\ UNIFORM INVESTIGATION REPORT . ~""NU"'" ~', - 9q083795- ,~ .-- I VICTIM . OAC" " ... HICIIAEL G. MCCLOSKEY, W/H/33 "..01 " t, otpa",-=_, ,.CO.' -/',UC" COOl 21-212 __n r. PI. IUTure SILVF.:R SPRING TOlo/NSIIIP ; CRiME-'-' HARASSHENT a: ..... · 0 ii"i<<i'GciDOlitssCUy.".n-....WoHC- .". " " .~ ,. ." " t'. f"" , COTTAG' CT, H'CHANICSBURG ~~..: :~!~-;- --;.;;; .:..;- 8.. 15 ~-~= "'.'oc'~'.o'''' ii1OCAtlotI 10. <<:..""O........CIlOO.. ."Illftll ;;'OH( COTTAGE.CT/HULBERRY CROSSING I~i"t.~~~"'~-~RING ,r.~r:;;;~AN;- tt\~:r; ~;~~u~ ::""i';Oz 'SIIZI; I ~~'/;-;-'snm01il!ll_--- ".",(o,r,nU.I.. .r.C 01 1.........ON..100"t ".coDi- Ir'lBOiiffi'-'-- ..~.- . ...... ".--' If. ..0. .n.at:lilD b_.Ntl VICTIH'S EX-WIFE CALLS, DRIVES BY IIND 12. "HleU ". yt'P :M.1U1l1 "---n:'105ifiH. TRIED TO nUN INTO VICTIM. 31. EOLOIII 'J,. .10, ........... "i'- II.IE.IIAL NU"lIf.~.'OIN'lI'tcltl&" ~. ...: · : ~::- -- ;",: -~... J::: =t: ~OUANN ST~~~ SPEESE MCCLOSKEY -~:I'C.-J::vrT...oonll' M,W"UN'liiU.o ....-----I1r....n..'.. -'ldm.OOJJ11l1I1LIi '.N ..-. -'li,..IUYIHtl.C .~i"..P'OI'f 0'0 CNO DATI _._..~...._-L'. n..a ---.L.- ..O:O...~A. r'u ONO~.DNO ", _Cf'ONTAlft.. D ;ihiiiii;- a MANOt,(O l'N DD'T.,IH'O -ctiQ;O .W. --0 '0''''-;;';;;''' counT" 1f~'U': 'CAS. 0.... C\Oleo UNfOUNDeD us' .1"0 IO(H"~Y ~DO"IOH;i."WC"MI. OIICIII'I' niPim;JOQc;iUiPicrs. ~ciio;;i';;;';; iNc~UOi ~NOi At<<;Oiiiivj,TKiN'io. ,,,vuTlo.ta. ,"'YSICAI. IvtbIHC' 'OUND.. Wfllllll." w..o., -lDlPo.mOH ANO "Ct~ICAC. .......'Cll '(.'0"'''0 .UdllllVlI!W' Of vle,rw,. WITHIIIIS . ~"IONI CONUCTlO . UI" w.ea'tf: 'TOlfN ."op(nn.. n\.UI. I..un NO". Ie:. ~,'",'Ho. HR. HCCLOSKEY TOLD HE THAT ON THURSDAY, 8/11/94 HE AND HIS SOON TO BE EX-WIFE, LOUANN HAD A CUSTODY HEARING BEFORE A CUMBERLAND COUIJTY JUDGE. AT THIS Hl::ARING HE GOT VISI1'ATION RIGHTS TO THEIR HINOR CHILD. HE ALSO HlID TO DISCLOSE If IS NEW ADDRESS TO HER. SINCE THAT TIME, HE HAS BEtN GETTING PHONE CAJ,LS FROH HER, MESSAGES ON HIS ANSWERING HACHINE, HANG-UPS, 1-900 II'S ON illS PAGER. AND TODAY WHEN 1ft WAS PULLING UP TO HIS HOUSE (9 COTTAGE) HE SAW HER IN A DRIVEWAY UP THE STREt1'. SO HE DROVE PIIST HIS HOUSE. SHE TIIF.:N PULLF;D UP TO THe HOUSE, KNOCKED WILDLY ON THE DOOR. RECEIVING NO ANSWER, SHE JUMPED BACK IN HER CJlR AND CAUGHT UP TO IIH1 .JUST BEFOP-E THE INTERSECTION. ALHOST HITTJ.N'3 THE REAR OF THE: CAR. THEN SHE WENT AROUND HIH, PULLING IN FRONT OF 1I1H. BLOCKIllG illS PATH, llllRROWLY HISSIllG HIS VEHICLE. ONCE STOPPED SHE /;"1 ClUT or TilE CAR Arm STJlRTED TOWIIRDS III H SHAKWC: HER FISTS AND TOLD HIH TIIAT sm.: WOULD KILL HIH. WflILE THIS WAS GOJ.NG ON, liE WAS CALLING 911 AND WINDING HIS SIDE WINDOW UP. ONCE SHE NOTICED HIM ON TilE PHONE, SHE TURNED AND WENT BACK TO THE CliP. JlND LEFT THE ARr.II, - DUP-ING THIS INCIDENT ~IR. IKC:I,OSKEY WAS WITH HIS GIRLFRIEND'S 11 YEAR OLD DAUGHTER, LAURA HCCI.AY WHO W1\:; A WITNESS TO THE EVENT. ACC:ORDING TO THE VICTJll THEY HAD A VERY VIOLEIJT AND ABUSIVE HARRIAGE IN THE PAST. RESUL1'WG IN TilE IIAHPDr.t1 TWP POLICE BEING liT THEIR OLD IIDDRESS UUHEROUS TIHES, I WJLJ. BE FILING HARA~:=;tfr.NT CHllnGES ON SPEESE, Signature ------.--..----.. 13 .,'~j;iUr ......-...-. . ..-.- .....- ..-.....-- - EXHIBIT ..---.---.------ --...,.. 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'l"i, i'''., :i, .:~., Yo. '. ." "",:, \ 'I ~ ,I Ii i .... ............ .:.tlrJ.~::.;~:..- ?-f,....,.~,--;~...".. .... ';. . . " . . . "'. 4'" '. ..., I' e:3;,~:;~}. , '.'..'. :..;:,,'k.~, ,. . .. }~{f:, WltN~~S,rtl\8 "'Ol1bt'bl&'iPt@'ld~i1t Judde,.' " ' . :,~~/~\:~~.,~...!s.,:,.::.,. :":""t~.1;.' :. :"'" ',";.:.:-., ~,.' ,', :~.>... ", . ~ ~';" rn....l1';.,..Pil-;....~....~ . .of.,.... .".t '. : .n'I,."" ..' r~,. " , ,,':1. '"l;i;'..""; 'j'j""..r:..';' I .' :.c ". .' ':".~:.~:j'?,Jfi'.t :,: ", . Aftuui.' .. 9S .Sr:AL,: 1~li,- "".,..,,,Il/tY;of ".' .'.. ,." " ,19. . . ,"/{~':"'(~.>:.:', "~~'t~.:~..:-" ..., ... ...;f'~,.,;, I' - :: : i,'.ft,N,"'~ ~~~;:' - '. ....:'. :".~'" " : (. . .";...J" .~. ... .. ;..; : , '. .' ~.. .... ~1" ,.., '. . ...... ;,..l', :' DEe 06 1 LOUANN S. MCCLOSKEY, plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. . . : NO. 94-2362 MICHAEL G. MCCLOSKEY, Defendant . . : CIVIL ACTION-CUSTODY ORDER I , 1994, upon I for Custody it is I , I AND NOW, this s-tJ.. day of J')DN~ review and consideration of the stipulation hereby ordered and decreed as follows: 1. Plaintiff control of the 1993). and Defendant shall have shared minor child Breanna M. McCloskey custody January and 26, legal (DOB: 2. Primary physical custody of Breanna M. McCloskey shall be with Plaintiff, Louann S. McCloskey. 3. Periods of temporary custody of Breanna M. McCloskey shall bel enjoyed by the Defendant, Michael G. McCloskey on alternate! I weekends, with the Defendant getting the child on Saturdays from I 9:00 a.m. to 7:00 p.m. and the same alternating Sunday from 9;00' I a.m. to 7:00 p.m. 4. On every third weekend visit that he Defendant has the child (this being the sixth weekend), the hours of visitation shall be Saturday from 9:00 a.m. through Sunday at 7:00 p.m. 5. Defendant shall have temporary custody following the Plaintiff's weekend of custody from p.m. on each Monday 5:00 p.m. to 8:00 EXHIBIT c .. . }> . .. 6. The parties will split the Christmas and Thanksgiving, Holidays, with one party having the child the day before up until I noon of the Holiday, and the other having the child from noon of the Holiday through the next day. 7. The parties will Holidays being: Easter, Day. , alternate the other major Holidays, said I memorial Day, The Fourth of July, and Labor! I I I 8. Defendant shall have other times of partial custody as the parties may agree. 9. On those days when Defendant cannot exercise partial custody due to inclement weather or other circumstances beyond his control, then he shall have a makeup day to be exercised within fourteen days of the originally scheduled date. I 10. All transportation shall be provided by Defendant with him picking up the child at her place of residence and returning her to her place of residence. BY THE COURT /.sl "Joku,ed.. t. ..J/u."'-J J. I I II ,\ I' I II I, .~> -... 9;U. . ->.J;Iz.:..L, (, L'fIir ' /...:; C.te.. . .'~~,-,' .......... :'i.'f:, hu. "0.. ".' ; II II . , .' . ,- . .' . . .. - . .. . . LOUANN S. MCCLOSKEY, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : NO. 94-2362 v. MICHAEL G. MCCLOSKEY, DEFENDANT : CIVIL ACTION - CUSTODY STIPULATION FOR CUSTODY AND NOW come Plaintiff Louann McCloskey, ("Mother") by her counsel, Dissinger & Dissinger, and Defendant Michael G. McCloskey ("Father"), by his counsel, Boswell, Snyder, Tintner & Piccola, and hereby Stipulate to the following schedule of custody; in settlement of their current custody dispute, and intending to be bound thereby: 1. The parties will share legal custody of the minor child, Breanna McCloskey. 2. Mother will have primary physical custody of the minor child subject to the following schedule of partial custody on Father's part: a. The Father shall enjoy periods of temporary custody, with the father getting the child alternate weekends on Saturday from 9:00 a.m. to 7:00 p.m. and the same alternating Sunday from 9:00 a.m. to 7:00 p.m. b. On every third weekend visit that the Father has the child (this being the sixth weekend), the hours of visitation shall be Saturday from 9:00 a.m. through Sunday at 7:00 p.m. The parties agree that, over time, overnight weekend visits will increase in frequency, to become the standard weekend visitation. - ....~" . '"- ......,,~,...'~, '. ....." " ':'if.l~','~;{~1~-'~i'J:'It(;~ , ; .... , . , . . ., 3. Father shall have temporary custody on each Monday following the Mother's weekend of custody from 5:00 p.m. to 8:00 p.m. 4. For Christmas of 1994, Mother shall have custody on Christmas Eve. and the early part of Christmas Day. Father shall then have custody on Christmas day from 9:00 a.m. until 7:00 p.m. Effective in 1995, the parties will split Christmas and Thanksgiving Holidays, with one party having the day before up until noon of the Holiday, and the other having noon of the Holiday through the next day. 5. The parties will alternate the other major Holidays, said holidays being: Easter, Memorial Day, The Fourth of July, and Labor Day. 6. Father shall have other times of partial custody as the parties may agree. 7. On those days when Father cannot exercise partial custody due to inclement weather or other circumstances beyond his control, then he shall have a makeup 'day to be exercised within fourteen days of the originally scheduled date. 8. All transportation shall be provided by the father, picking up the child at Mother's place of residence and returning the child personally to Mother immediately outside of Mother's place of residence. 9. The parties agree that this schedule is in the best interest and welfare of the minor child, and shail take all steps necessary to ensure that this schedule of custody will be effectuated in an amicable and reasonable manner. Neither party shall disparage the other in the presence of the child, or allow such disparagement by others. """f,'--, ~-',~ 10. The parties agree that this Stipulation shall be presented to the Court, and mutually request that the terms hereof be entered as a binding Order of Court. WITNESS: _l \ ')Z' C/I . ,.f}(.'l(tUULJ . Flo Louann McCloskey .'-- . 1 .'\ I l/: / J Charles . H twell, Esquire ~cv~~/ Michael G. McCloskey WILLIAM D_ BOSWeLL OONN L. SNYDCR LCONARD TINTNCR JCFFRCY C. PICCOLA .JCFFRCY R. BOSWCLL ORIOID g, ALFORD MARK R. PARTHCMCR CHARLes J. HARTWCLL .7171230.8377 FAX 17171 230.8310 BOSWELL, SNYDER, TINTNER & PICCOLA COUNSELORS AT LAW , U NOR11I FROtIT STREET P,O, Box 741 HARRISBURG. PA 17108,0741 RICHARD 8. WICKCRSHAM OF COUNStL March 24, 1995 , . Mary Dissinger, Esquire 28 N. 32nd Street Camp Hill, PA 17011 RE: McCloskey v. McClosJcey Dear Attorney Dissinger: I received a call from your office that Brianna is running a fever today, and that Mrs. McCloskey will not make her available for visitation this weekend. I have explained this matter to my client, and he has instructed me to formally request a doctor's .certificate or report as to Brianna's condition. As Brianna will not be available for custody this weekend, we will need to schedule an alternate weekend for custody in ,the near future. We will be in contact with you shortly regarding this matter. sincer! /lAS(j ~'" J. Hartwell ., CJHI dlf cc: Michael McCloskey sent via fax to 975-3924 EXHIBIT /) BOSWELL, SNYDER, TINTNER & PICCOLA COUNSELOR' AT LAW WILLIAM D. BOSWELL CONN L. SNYDeR LEONARD TINTNER .J[rrncv t. PICCOLA .JEFFREY R. BOSWELL HRIGID O. ALFORD MARK R. PARTHEMtR CHARLES oJ. HARTWELL 3 J) NORTH Flom SnEET P,O, Box 741 HARRISBURG. P^ 17108-0741 17171230.8377 FAX 17171 238.1i13111 RICHARD D. WICKeRSHAM or COUNSCl April 3, 1995 . . Mary Dissinger, Esquire 28 N. 32nd Street Camp Hill, PA 17011 RE: McCloskey v. McCloskey Dear Attorney Dissinger: I understand that you are out of the office, and this correspondence is going to be dealt with by your staff until tomorrow. As noted by prior correspondence, Mr. McCloskey wanted to pick up his daughter one hour early today. Your client apparently made herself unavailable, and we were informed on Friday that your office was unable to speak with her about the additional hour. Now, we learn from your office that Mrs. McCloskey is not only unwilling to provide Brianna an hour early, but that she intends to be an hour late with Brianna because of a claim that she has to work late. In the absence of written documentation from Mrs. McCloskey's employer as to any additional hours today, we will consider this refusal to provide Brianna in a timely fashion to be a direct and deliberate violation of the Order of Court. Additionally, to the extent that your client refuses to provide Brianna in a timely fashion, I have instructed Mr. McCloskey to keep her an additional time this evening to compensate. Thus, if he can only pick up Brianna an hour late, he will be returning her an hour late. Frankly, the timing of your client's actions is at least disturbing, if not obvious. We look forward to receipt of documentation supporting your client's claim of additional work within 72 hours. Si~eerely, 1 ' ... /I}-. ... '-('(7 Charles I. Hart~efl CJH/dlf cc: Michael McCloskey sent via f.ax to 975-3924 EXHIBIT f' ..," ..... . ....~",{.,.~'.,~~"..,<~" ..v.~" . ';,....".... ",_",.__.v~> ,"!'<;t.>...- F.r,lt,.~>t~~~ .~... WUANN S. MCCWSKEY, PLAINTIFF/ RESPONDENT v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 94-1889 CIVIL TERM MICHAEL GEARY MCCWSKEY, DEFENDANT/PETITIONER, : NO. 407-CML-I994 VERIFICA TION I, Michael Geary McCloskey, Petitioner, hereby verify that the facts contained In the foregoing Petition are true and correct to the best of my knowledge, Information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 04904 relating to unsworn falsification to authorities. DATE: 4\L/1 Cf5 v. IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : NO. 94-1889 CIVIL TERM WUANN S. MCCWSKEY, pLAlNTlFFI RESPONDENT . . MICHAEL GEARY MCCWSKEY, DEFENDANT/PEIIUONER . . . . CERTIFICATE OF SERVICE I, Denise L. Fosler, Paralegal, do hereby certify that I have served a true and correct copy of the Petition for Contempt on the following: Mary Dissinger, Esquire 28 N. 32nd Street Camp Hill, PA 17011 Attorney for Respondent Method of Service: 'I First class mall Certified mail Other BOSWELL, SNYDER, TINTNER & PICCOLA By. ~~~-4;;;* Den se"L. Foster, Paralegal --.- -...--.,., O,'",! SHERIFF'S RE'lURN c:a+IONWEAL'nl OF PENNSYLVANIA: COUNl'Y OF ClMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-1889 Civil Term Temporary Protective Order, Protection From Abuse and Custody Louann S. McCloskey VS Michael Geary McCloskey Michael Barrick , SKdlOOfX~:Eleputy Sheriff of ClInberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Temporary Protective Order, Protection From Abuse and Custody upon Michael Gearv McCloskev , the defendant, at 5: 35 o'clock P .M. ~ / EDST. on the day of April . 19 94at 13 4470 Brian Road, Mechanicsburg Pennsylvania. by handing to Michael G. McCloskey . Cumberland County, a true and attested copy of the Temporary Abuse and and at the same tUne directing his Protective Order, Protection F~om Custody attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 14.00 6.72 So answers: r~~~'<~ :;;:4~ /' Deputy Sheriff 2.00 22.72 Sworn and subscribed to before me this 15':5- day of ~ 19 9V A.D. n. ,u..... Q. 1}1./~'-<J /;101:.' ~. r~ Prothonotary U"'). ~ .~. '. ::r: I. .- a- l.i. ~ ','.-' -:.J" c::.> -. :"J --.., +I s.. ~~ i 8 ~~I ..... +I ..... Sl +I ~ ~~>-1 CII S ~'" ... ::I. ,t'l ~~~il ~~ g~ r:g'Jl_:!l -g.gI1~!: .... ~t ~..... ::I 5 I "i '!( ~.~ '-1(, ill, '1il ,5": . . ," lD ~8 ~! fit' - ~~ !!l ill I! ... = ~~ >-1 = 'g'w-g ~ ~~~ i -~5C,- I II ,. c .... , 1"1 :3 :: ",.c ~~ . ia,~)c1iJ.-"I ~ 1II ... ~ . ! ~ ~~~ ... :E .. , .,' c LOUANN S. McCLOSKEY, . IN THE CXXlRT OF CXXoIMOO PLEAS OF . Plaintiff/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA . vs. . NO. 94-1889 CIVIL TERM . . . MICHAEL GEARY McCLOSKEY, . CIVIL ACTIOO . Defendant/Petitioner : IN CUSTODY aIDER OF <XXlRT AND tOi, this II-jTHday of ~~/ , 1995, upon consideration of the attached CUstody Conciliation Report, it! is hereby ordered and directed as follows: 1. This Court's prior Order of Decentler 8, 1994 is vacated. 2. The Father, Michael G. McCloskey and the Mother, Louann S. McCloskey shall have shared legal custody of Breanna M. McCloskey, born January 26, 1993. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall enjoy partial physical custody of the Child on alternating weekends from Friday at 5:30 p.m. (or earlier on Friday) until Sunday evening at 7:10 p.m. When the Child is attending daycare, the Father shall transport the Child from the daycare provider's facility before 5:30 p.m. on the alternating Fridays and the Father shall transport the Child to the Mother I s residence at the conclusion of his periods of partial physical custody. 5. The parties shall share physical custody of me Child on holidays as follows: A. aIlUS'DVlS In every year, the Mother shall have physical custody of the Child from 12:00 noon on Chrisbnas Eve until 10:00 a.m. on Christmas Day. In every year, the Father shall have physical custody of the Child from 10:00 a.m. on Christmas Day until 12:00 noon on December 26. B. THANKSGIVING The Father shall enjoy physical custody of the Child from 10:00 a.m. on Thanksgiving Day until 12:00 noon on the day after Thanksgiving in odd nunbered years. The Mother shall enjoy physical custody of the Child from lO:oo a.m. on Thanksgiving Day until 12:00 noon on the day after Thanksgiving in even nunbered years. , . '" ----- . .' C. 01'HI!R HOLIDAYS The parties shall enjoy physical custody of the Child on an slternating basis from 10100 a.m. until 7100 p.m. on the following holidays: Easter, MlIllOrial Day, July Fourth, and Labor Day. The Father shall enjoy custody of the Child on Easter and July Fourth in odd nunilered yesrs snd on Memorial Day and Labor Day in even nunilered years. The Mother shall enjoy custody of the Child on Easter and July Fourth in even nunilered years and on Memorial Day and Labor Day in odd nunbered years. 6. The holiday custody schedule set fortt, above supersedes the regular custody schedule. 7. All transportation of the Child for purposes of exchange of custody shall be provided by the Father. 8. This Order is entered pursuant to an sgreement reached by the parties at a CUstody Ccnci1iation Conference. The parties may modify this custody schedule only ~. written agreement which is signed by both parties. The writing reflecting the parties' agreement may be signed in counterparts but each writing IlllSt reflect identical terms of llgreement. In the absence of written mutual agreement, this Order shall control. In the event either party desires to modify this Order in the absence of Illltua1 agreement, that party may Petition the Court to have the case again scheduled with the CUstody Conciliator for a Conference. BY THE CXlURT, JJL<-,~.{ [ . ~G~ J. ee: Charles J. Hartwell, Esquire j Mary Dissinger, Esquire )1\" \ ,If)...., I' Ii f( 1-- , ';";;, S6. ~\: os () 111 1~'r ~ o. LOUANN S. MCCLOSKEY , . IN THE OJURT OF c:xJMlolOO PLEAS OF . Plaintiff/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA . vs. . NO. 94-1889 CIVIL TERM . . . MICHAEL GEARY MCCLOSKEY, . CIVIL ACTION . Defendant/petitioner . IN CUSTODY . PRIOR JUDGE: Harold E. Sheely, P.J. aJS'lOOll cn<<:ILIATIOO SlIlMARY RBl'(Rr IN AalCIUlANCB Wl'l'H cumBRLl\ND cxumr ROLE OF CIVIL Pll(}I ""'1lJRB 1915.3-8, the undersigned Custody Conciliator submits the following report: l. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Breanna M. MCCloskey January 26, 1993 plaintiff/Mother 2. This matter was before the Conciliator on a Petition for Contempt, Counterclaim for Contempt and Petition to Modify CUstody. The Court previously entered CUstody Orders in this case on August 11, 1994 in regard to a Petition for Special Relief and on Decentler 8, 1994 based on a stipulation by the parties. 3. A Conciliation Conference was held on June 29, 1995, with the following individuals in attendance: The Father, Michael G. MCCloskey, with his counsel, Charles Hartwell, Esquire, and the Mother, Louann S. MCCloskey, with her counsel, Mary Dissinger, Esquire. 4. The parties agreed to entry of an Order in the form as attached. The parties specifically requested the restrictive terms governing modification to avoid future misunderstandings and circumstances leading to contempt proceedings. 5. While the parties were able to reach an agreement as to the terms of the attached Order, it was clear at the Conference that the parties have serious difficulty in conmunicating with each other. The Conciliator strongly urged counsel to assist the parties in locating affordable counseling and making the necessary arrangements to participate in counseling. Although the parties were unable to agree to counseling arrangements at the Conference, the Conciliator believes that counseling could play an extremely important role in assisting the parties in maintaining the terms of the agreed Order. (U1"JL~ Dawn S. Sunday, Esqulr CUstody Conciliator <-Ju J?J Date ,~ jCJtlr ~ <::. ,- ~. , f' N " Ut. ", . ( )' " Fr' .- .~. ., :_J 1.-' ~; ,., ,. ..~-. -I' , f.,":: ( ., l r V t'. U , . . PATRICK F. LAm:R.JR Allorlle~ "' I.." :!lull\lar"',' Strl'.l \11:. BUllthnl; l .mr 11111. II \ 171ill (71'1,7(".1 )if HI S' t.t. ,)jti..J~ . '" ... ci ~ U '-l 0: u ~ ;:::: ::l ..J ~ :; -< cii :g >C .. < '7 ..J c: U ':; a. .... >. -" -= to: ~ aI II :: ... = ::E u - ~ ... u ::c ... U Q E s c. .. < e t:. - .. '" -< N '" E- t.J -< :l.o . . ,,'h~ I , II I II I,I LOUANN S. MCCLOSKEY, II Plaintiff I v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOS:~ 94-2362 MICHAEL G. MCCLOSKEY, Defendant CIVIL ACTION CUSTODY j I II Ii !I !i Ii II consideration of the attached Petition to Modify Order of Custody, ,- II , 11 Ii \j Ii II " -, ! ~ for a Pre hearing Custody Conference. At such conference, an effort 11 j! I will be made to resolve the issues in disputv~ or if this cannot be ! accomplished, to define and narrow the issues to be heard by the I , court, and to enter into a temporary order. Either party may bring AND NOW, this , SI- ORDER OP COURT day of OcL~hor , 1996, upon it is hereby directed that the parties and their respective counsel appear at 5'1 l.o M";" 5~. M:c4"';;~-efore -p~""I;'1 s' SLv.cl~., ('1-, the conciliator, on the ~<l'" day of 'O(,i~{1 , 1996, at~:!<-..p.M., the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. :i FOR THEQ::/-d~~ : By: ~(j~;;;:~~I-i J!:~t& Custody Conciliator ~Jo/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IP YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR 'l'BLEPHONE THE OFFICE SET PORTH BELOW TO PIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OP THE COURT ADMINISTRATOR COURTHOUSE, POURTH FLOOR CARLISLE, PA 17013 (717)240-6200 F" <:Q,r.-R (V-' >'" --V' 'co: . ,......., '; 1- .It., ..."/7"1'.....1.;')_ i' .:ASI( C" ,,0 CCT -I ["I" I .~: II . l:L:;".: ' p;:t',i< ,'....;L".\ '-'--, . : i .... i\.",;. - -r-\ Of".'f jtJ'l.f~ W. 1bf1 /1ltiJt! ~ 4 ~tiU /!)'I.tf~ '(b~l /11~ 7., Atfd 10. / f~ IMJH /'tI;ttiItI ~ /u1t7~ ~ I (/ <ZT:Jt (' ~ if - LOUANN S. MCCLOSKEY, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . I v. . NO: 94-1889; 94-2362 . . . MICHAEL G. MCCLOSKEY, . CIVIL ACTION . Defendant . CUSTODY . PBTITION TO MODIFY ORDBR OF CUSTODY The Petitioner, Michael G. McCloskey, by and through his attorneys, The Law Offices of Patrick F. Lauer, Jr., files this Petition to Modify Order of Custody against the Respondent, Louann S. McCloskey, and in support thereof, avers the following: 1. The Petitioner is Michael G. McCloskey, the natural father and Defendant in original action, who currently resides at P.O. Box 3183 Shiremanstown, Cumberland County, Pennsylvania l70l1. 2. Defendant is Louann S. McCloskey, the natural mother and Plaintiff in original action, who currently resides at 502-7 pine Road, Mt. Holly springs, Cumberland County, Pennsylvania 17065. 3. The parties hereto are the parents of the following minor child: Breanna M. McCloskey, born January 26, 1993, who currently resides with her natural mother at 502-7 pine Road, Mt. Holly , Springs, Cumberland County, Pennsylvania 17065. 4. On July 11, 1995, the Honorable Judge Harold E. Sheely, accepted the Summary Report of a Conciliation Conference before Dawn S. Sunday, Esquire, as an Order of Court, awarding primary physical custody of Breanna M. McCloskey to the natural mother with visitation to the father on alternating weekends from 5: 30 p.m. until Sunday evening at 7: 10 p.m. This Order is attached hereto as Exhibit "A". "'''' .,.......'" I I 1\' I. II il Ii 5. The Order directs that all transportation of the Child for 'I i! purposes of exchange of custody shall be provided by the father. The place of exchange was established at mother's residence. 6. Since the Court's approval of the custody conciliator's i recommendation, a substantial and material change in circumstances has occurred, giving rise to the filing of the instant Petition: a. The mother has a history of swearing at father, calling him names, and making disparaging remarks regarding the father in the presence of the minor child during custody exchanges~ b. The mother has initiated arguments with the father in front of the minor child~ c. The mother has repeatedly threatened father during custody exchanges~ d. The mother arranged to have her apartment complex manager exclude father from her and the child's residence which prevented him from picking up the child pursuant to the order~ e. The mother has been uncooperative with father and his attorney regarding setting up an agreeable alternative place ! to exchange custody~ f. The mother has destroyed or thrown away gifts and toys given to the child by father, sometimes in the presence of the chi1d~ g. telephone hours~ The mother has denied father regular, unimpeded contact with the minor child during reasonable h. The mother has refused to attend counseling with father in an effort to establish a relationship for the benefit of the child, even though the conciliator strongly urged counseling and believed it was extremely important to assist the parties in maintaining the terms of the Order~ i. The mother's actions, described above, have resulted in father having seen his child only three times this year. r:-JII",~"~";""-r- "~""<""" 7. The best interest and permanent welfare of the child will be served by a modification of the Court's Order as follows: a. The Custody Order should include a requirement that neither parent disparage, threaten, or curse at the other in the presence of the child; ! i I II lot of the Silver Spring Township Police Department in order to II ,/ !I 'I II I' il II I b. The location of exchange should be moved to parking prevent altercations between the parties; unimpeded c. The father should be permitted to have regular, I phone contact with the child; d. The mother should be encouraged to accept gifts and toys for the child and should not destroy them in the presence of the child; e. Counseling should be mandatory for both parties so they can learn to cooperate for the benefit of the child. WHEREFORE, Plaintiff respectfully requests that this Honorable , Court modify its Order as follows: a. Include a requirement that neither parent disparage, threaten, or curse at the other in the presence of the child. b. Re-establish the place of the exchange from mother's residence to the parking lot of the Silver Spring Township Police Department. c. Include a requirement that mother allow father to have regular, unimpeded telephone contact with the child. d. Include a requirement that mother not destroy father's gifts in the presence of the child. e. Include a requirement that both parties attend counseling together at least once per month at a time established by a third party to be determined by the court. Respectfully submitted: DATED: r~r if" AtN r' ne B. Wigbe s, Esquire L Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 1701l-4706 PA Supreme Ct. ID No. 68735 Phone: (717) 763-1800 ATTORNEY FOR PETITIONER/DEFENDANT ...~- ....,..".~--;.:._"".,',.,., - LOUANN S. MCCLOSKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: gt=Hll . . . . . . v. . . . . I MICHAEL G. MCCLOSKEY, , Defendant I' : CIVIL ACTION : CUSTODY VERIFICATION I, Michael G. McCloskey, state that I am the Petitioner in the above-captioned case and that the facts set forth in the above Petition are true and correct to the best of my knowledge, I realize that false statements herein I information, and belief. I II !I 'I 'I II are subject unsworn penalties the falsification to for to authorities under l8 Pa. C.S. S 4940. ~'-t<' LC.(-~c;=-,)v\._" (C"";2/ Michael G. McCloske C (I cl ,e,{J' 'I Date: , ::X:il1''l, \, (t' II I) } I I I 1 tI I II II II II i! d ,: l' " lj II --. .I LaJANN S. McCLOSKEY , . IN THE CXXJRT OF CXXoI/'lCN PLEAS OF . plaintiff/Respondent . CUMBERLAND ~, PENNSYLVANIA . vs. . NO. 94-1889 CIVIL TERM . : MICHAEL GEARY McCLOSKEY, : CIVIL AcrIOO Defendant/Petitioner : IN CUSTODY QU)I!R OFaxm AND NCM, this I yiH day of L ~/ , 1995, upon consideration of the attached CUstody conciliation Re~~~,- il is hereby ordered and directed lIB follows: 1. This Court's prior Order of Decentler 8, 1994 is vacated. 2. The Father, Michael G. McCloskey and the Mother, Louann S. McCloskey shall have shared legal custody of Breanna M. McCloskey, born January 26, 1993. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall enjoy partial physical custody of the Child on alternating weekends from Friday at 5:30 p.m. (or earlier on Friday) until Sunday evening at 7:10 p.m. When the Child is attending daycare, the Father shall transport the Child from the daycare provider's facility before 5:30 p.m. on the alternating Fridays and the Father shall transport the Child to the Mother's residence at the conclusion of his periods of partial physical custody . 5. The parties shall share physical custody of the Child on holidays lIB follows: A. CIIRIS'.IMAS In every year, the Mother shall have physical custody of the Child from 12:00 noon on Christmas Eve until 10:00 a.m. on Olristmas Day. In every year, the Father shall have physical custody of the Child from 10:00 a.m. on Christmas Day until l2:oo noon on Decentler 26. B. THANItSGIVING The Father shall enjoy physical custody of the Olild from 10:00 a.m. on Thanksgiving Day until 12:00 noon on the day after Thanksgiving in odd nlllliJered years. The Mother shall enjoy physical custody of the Child from 10:00 a.m. on Thanksgiving Day until 12:00 noon on the day after Thanksgiving in even nlllliJered years. (XHI(3/( A .- C. 0l'BI!R 1ILIDll.YS 'Dle parties shall enjoy physical custody of the Child on an alternating basis from 10:00 a.m. until 7:00 p.m. on the following holidays: Easter, MBIlOrial Day, July Fourth, and Labor Day. The Father shall enjoy custody of the Child on Easter and July Fourth in odd nunbered years and on Memorial Day and Labor Day in even nunbet1!d years. 'Dle Mother shall enjoy custody of the Child on Easter and July Fourth in even nunbered years and on Memorial Day and Labor Day in odd nI.UlDered years. 6. 'Dle holiday custody schedule set forth above supersedes the regular custody schedule. 7. All transportation of the Child for purposes of exchange of custody shall be provided by the Father. 8. 'Dlis Order is entered pursuant to an agreement reached by the parties at a custody CCnciliation COnference. The parties may modify this custody schedule only ~' written agreement which is signed by both parties. The writing reflecting the parties' agreement may be signed in counterparts but each writing RUSt reflect identical terms of agreement. In the absence of written mutual agreement, this Order shall control. In the event either party desires to modify thil!l Order in the absence of Illltual agreement, that party may Petition the COurt to have the case again scheduled with theCUStody COnciliator for a Conference. BY TIlE CXlURT, J~E_~, J. cc: Charles J. Hartwell, Esquire] Mary Diesinger, Esquire fr /U...~( tC 7-lf- t; I . . .... . . . ,-: ~ " ~'l""'. , -<tl: : ~~ 56. v.~ 9S S !I\ lnr LOOANN S. McCLOSKEY , . IN THE COURT OF CXX1MOO PLEAS OF . Plaintiff/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA . vs. : NO. 94-1889 CIVIL TERM : MICllAEL GEARY McCLOSKEY, . CIVIL ACTIOO . Defendant/Petitioner . IN CUS'lOOY . PRI~ JUDGE: Harold E. Sheely, P.J. ~ CXH::ILIATIOO SlMW<< RBPCRr IN ACXXlUlANCB WITH CDmI!RLAND CXXIf.l'! RIJLB Of! crvn. PRCo '" -IKB 19l5.3-8, the undersigned CUstody Conciliator submits the follOlling report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follOlls: NAME BIRTHDATE CURRmrLY IN CUS'roDY OF Plaintiff/Mother Breanna M. McC1os.1tey January 26, 1993 2. This matter was before the COnciliator on a Petition for COntempt, COunterclaim for COntempt and Petition to Modify CUstody. The COurt previously entered CUstody Orders in this case on August 11, 1994 in regard to a Petition for Special Relief and on Deceaber 8, 1994 based on a Stipulation by the parties. 3. A COnciliation COnference was held on June 29, 1995, with the follOlling individuals in attendance: The Fathec, Michael G. McClOSkey, with his counsel, Charles Hartwell, Esquire, and the Mother, Louann S. McCloskey, with her counsel, Mary Dissinger, Esquir.e. 4. The parties agreed to entry of an Order in the form as attached. The parties specifically requested the restrictive terms governing modification to avoid future misunderstandings and circumstances leading to contempt proceedings. 5. While the parties were able to reach an agreement as to the terms of the attached Order, it was clear at the Conference that the parties have serious difficulty in camnmicating with each other. The COnciliator strongly urged counsel to assist the parties in locating affordable counseling and making the necessary arrangements to participate in counseling. Although the parties were unable to agree to counseling arrangements at the COnference, the COnciliator believes that counseling could play an extremely illpJrtant role in assisting the parties in maintaining the terms of the agreed Order. la~~ Dawn S. Sunday, Esqu r CUstody COnciliator rJ,.J'g -1 /99., Date ,.~~~.., ",..~.,.'........ LOUANN S. MCCLOSKEY, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . v. . NO: 94-1889; 94-2362 . . . MICHAEL G. MCCLOSKEY, . CIVIL ACTION . Defendant . CUSTODY . CERTIFICATE OF SERVICE I, Jeanne B. Wigbels, Esquire, hereby certify that a true and , I, correct copy of the foregoing document was sent to the following II II II :\ ! parties of interest by placing a copy of same in the united States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Louann S. McCloskey 502-7 Pine Road Mt. Holly Springs, PA l7065 . Dawn S. Sunday, Esquire : I Custody Conciliator 'I 9 North Hanover Street i Carlisle, PA 17013 I i r 1 /.1 /l~ t:'. w/ nne B. WigbeIs, Esquire P S.ct. I.D. No. 68735 2108 Market Street, Aztec Bldg. Camp Hill, PA 1701l-4706 Phone: (7l7) 763-1800 ATTORNEY FOR PETITIONER/DEFENDANT By: DATED: ",hY"lf,