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: IN THE COURT OF COMMON PLEAS :
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and conditions of the Marriage Settlement Agreement attached heretolw
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OF CUMBERLAND COUNTY
STATE OF . PENNA.
LOUANNMCCLOSKEY,
PLAINTIFF
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VerslIs
MICHAEL G. MCCLOSKEY~,
DEFENDANT
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DECREE IN
DIVORCE
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AND NOW, r~' J~.....,(.' ~.\j" , '" I..:;.~~", 19. ',6, '" it is ordered and
decreed that" ,~Ql)~NN .~j:,CLOSKJ;:Y" '" . , " " ., ,.. ....,.. ".., plaintiff,
and, ,,~l;<;:~,~~, ~,."~~j:.I,QSl{~~,, , " . " , " " " " , . " " . " . '" defendant,
are divorced from the bonds of matrimony.
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered; None.
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m:\:lOmc\cjh\ family\ mcclos.msa
MA~AGESETnEMENTAGREEMENT
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THIS AGREEMENT made this 2 ~ day of) 'w-,w \ ,1996, is by and
between LOUANN MCCLOSKEY, presently of 502-7 Pine Road, Mt. Holly Springs,
Pennsylvania (hereinafter referred to as o'WIFE'~ and MICHAEL MCCWSKEY,
presently of 9 Cottage Court, Mechanicsburg, Cumberland County, Pennsylvania
(hereinafter referred to as "HUSBAND").
WITNESSE11I:
WHEREAS, the parties hereto are husband and wife, having been married on
October 14, 1989.
WHEREAS, one child was born of the marriage, namely Breanna M. McClosky,
date of birth - January 26, 1993.
WHEREAS, the parties have reached an agreement concerning disposition of the
various marital assets accumulated by the parties during their marriage, and wish to
memorialize that agreement.
NOW, 11IEREFORE, in consideration of the premises and of the mutual
promises, covenants, and undertakings hereinafter set forth and for other good and
valuable consideration, receipt of which is hereby acknowledged by each parties hereto,
WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree
as follows:
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I. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS.
This Agreement shall not be construed to affect or bar the right of HUSBAND
and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall
hereafter exist or to such defense as may be available to either party, This Agreement is
not intended to condone, and shall not be deemed to be a condonation on the part of
either party hereto of any act or acts on the part of the other party which has occasioned
the disputes or unhappy differences which may occur subsequent to the date hereof. The
parties intend to secure a mutual consent no-fault divorce pursuant to the terms of
Section 3301(c) of the Divorce Code of 1980, as amended.
2. EFFECT OF DIVORCE DECREE.
The parties agree that unless otherwise specifically provided herein, this
Agreement shall continue in full force and effect after such time as a final Decree in
Divorce may be entered with respect to the parties.
3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE,
The parties agree that the terms of this Agreement may be incorporated into any
Divorce Decree which may be entered with respect to them.
4. NON-MERGER.
It is the parties' intent that this Agreement does not merge with the Divorce
Decree, but, rather, it continues to have independent contractual significance, and each
party maintains their contractual remedies.
-2-
"
5. DATE OF EXECUTION.
The "Date of Execution" or "Execution Date" of this Agreement shall be defined
as the date of execution of the party last executing this Agreement.
6. DISTRIBUTION DATE.
The transfer of property. funds, and/or documents provided for herein shall only
take place on the "distribution date", which shall be defined as the date of execution of
this Agreement, unless otherwise specified herein.
7. ADVICE OF COUNSEL.
The parties hereto declare that each has had a full and fair opportunity to obtain
independent legal advice of counsel of his or her selection in negotiation 1:/, and
formalization of this Agreement; that HUSBAND has been independently represented
by Charles 1. Hartwell, Esquire, 315 N. Front Street, Harrisburg, Pennsylvania 17101;
and that WIFE has the opportunity to be independently represented by counsel to review
this Agreement and enter into formalization of the Agreement.
8. FINANCIAL DISCLOSURE.
The parties confirm that each has relied on the substantial accuracy of the
financial disclosure of the other, as an inducement to the execution of this Agreement,
9. PERSONAL PROPERlY,
HUSBAND and WIFE do hereby acknowledge that they have previously divided
their tangible personal property, and that with the exception of the items identified
-3-
,
hereinafter, HUSBAND agrees that all property that is presently in possession of WIFE,
shall be the sole and separate property of WIFE, and WIFE agrees that all property
presently in possession of HUSBAND shall be the sole and separate property of
HUSBAND.
WIFE hereby agrees to transfer to HUSBAND the following items of personal
property:
A. Books (5)
B. Blankets (2)
With the exception of the above, the parties do hereby specifically waive, release,
renounce, and forever abandon whatever claims, if any, they may have with respect to
the above items which shall become the sole and separate property of the other.
10. AFI'ER-ACOUlRED PROPERTY,
Each of the parties shall hereafter own and enjoy, independently of any claim or
right of the other, all items of property, tangible or intangible, personal, real or mixed,
acquired by him or her after the date of this Agreement, with full power in him or her to
dispose of the same as fully and effectively, in all respects and for all purposes, as though
he or she were unmarried.
II. DIVISION OF VEHICLES,
HUSBAND and WIFE do hereby agree that the 1987 Nissan truck is the sole
separate property of HUSBAND and is not marital property. HUSBAND and WIFE
further agree that HUSBAND shall transfer his interest in the 1985 Plymouth Reliant to
4-
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WIFE, which property shaH become the sole separate property of WIFE.
12. DISPOSITION OF PENSION PLANIRETIREMENT,
The parties hereto acknowledge that neither has any vested retirement plans or
40IK plans sponsored by his or her respective employer at this time which constitute
marital property.
13. ALIMONYI ALIMONY PENDENTE LITE.
HUSBAND hereby agrees to transfer to WIFE the Compu-Add 486 DX2
computer, monitor and printer currently in his possession, along with the foHowing
accessories and software packages (including program disks):
A. MS Dos 5.0, 6.0
B. MS Money
C. Form Tool v. 3,0
C. Central Point PC Tools v. 8
D, MS Access
E. MS Office
F. Mica IV
G. 9600 baud internal fax! data modem
H. MS Works
In exchange for the above transfer, which is intended to provide WIFE with a
means of earning a living through preparing documents and other items for commercial
use on the computer, WIFE hereby waive any claim for alimony or alimony pendente
lite.
14. WAIVER OF INHERITANCE.
Each of the parties hereto does specificaHy waive, release, renounce and forever
abandon any right, title, interest, and claim, if any, either party may have in and
-5-
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to any inheritance of any kind or nature whatsoever, previously or in the future received
by the other party,
15. MARITAL DEBTS,
The parties agree to that any debts in the name of either party shall remain the
sole and separate liability of each party.
16. FINAL EOUlTABLE DlSTRIBunON OF PROPERTY.
The parties agree that the division of all property set forth in this Agreement is
equitable, and in the event an action in divorce is commenced, both parties relinquish
the right to divide said property in any manner not consistent with the terms set forth
herein. It is further the intent, understanding, and agreement of the parties that this
Agreement is a full, final, complete and equitable property division.
17. WAIVER OF COUNSEL FEES AND COSTS.
The parties hereto agree to, and do hereby waive any right and I or claim they may
have, both now and in the future, against the other for counsel fees and costs,
18. PERSONAL RIGHTS,
HUSBAND and WIFE may and shall, at all times hereafter, live separate and
apart. They shall be free from any control, restraint, interference or authority, direct or
indirect, by the other in all respects as fully as if they were unmarried. They may reside
at such place or places as they may select. Each may, for his or her separate use or
benefit, conduct, carry on, and engage in any business, occupation, profession, or
employment which to him or other may seem advisable. HUSBAND and WIFE shall
.{)-
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not molest, harass, disturb, or malign each other or the respective family of each other,
nor compel or attempt to compel the other to cohabit or dwell by any means or in any
manner whatsoever with him or her.
19, MUTUAL RELEASE.
HUSBAND and WIFE each do hereby mutually remise, release, quitclaim, and
forever discharge the other and the estate of such other, for all time to come, and for all
purposes whatsoever, of and from any and all right, title and interests, or claims in or
against the property (including income and gain from property hereafter accruing) of the
other or against the estate of such other, of whatever nature and wheresoever situate,
which he or she now has or any time hereafter may have against such other, the estate of
such other, or any part thereof, whether arising out of any former acts, contracts,
engagements or liabilities of such other, or by way of dower or curtesy, or claims in the
nature of dower or curtesy, or widow's or widower's rights, family exemption, or similar
allowance, or under the intestate laws, or the right to take against the spouse's Will; or
the right to treat a lifetime conveyance by the other as testamentary, or all other rights
of a surviving spouse to participate in a deceased spouse's estate, whether arising under
the laws of (a) the Commonwealth of Pennsylvania; (b) State, Commonwealth or
territory of the United States; (c) any other country, or any rights which either party may
have or at any time hereafter have for the past, present or future support or
maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution or costs
of expenses, whether arising as a result of the martial relation, or otherwise, except and
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only except, all rights, and agreements, and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any provision thereof. It is
the intention of HUSBAND and WIFE to give each other by the execution of this
Agreement a full, complete. and general release with respect to any and all property of
any kind or nature. real. personal or mixed, which the other now owns or may hereafter
acquire, except and only except, all rights, agreements. and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any
provisions thereof.
20, WAIVER OR MODIFICATION TO BE IN WRITING,
No modification or waiver of any of the terms hereof shall be valid unless in
writing and signed by both parties. and no waiver of any breach hereof. or default
hereunder, shall be deemed a waiver of any subsequent default of the same or similar
nature.
21. MUTUAL COOPERATION.
Each party shall, at any time, from time to time hereafter, take any and all steps
and execute, acknowledge, and deliver to the other party any and all further instruments
and/or documents that the other party may reasonably require for the purpose of giving
full force and effect to the provisions of this Agreement.
-8-
22, AGR..:I<:M..:NT BINDING ON HEIRS.
This Agreement shllll be binding, and shall inure to the benefit of the parties
hereto IInll their respective heirs, executors, administrators, successors and assigns.
23. INTEGRATION.
This Agreement constitutes the entire understanding of the parties, and
supersedes IIny IInd 1111 prior agreements and negotiations between them. There are no
represenllltions or warranties other than those expressly set forth herein.
24. OTHER DOCUMENTATION.
WIFE and HUSBAND covenant and agree that they will forthwith execute any
and 1111 written instruments, assignments, releases, satisfactions, deeds, notes, stock
certificates, or such other writings as may be necessary or desirable for the proper
effectulltion of this Agreement, and as their respective counsel shall mutually agree,
should be so executed in order to carry out fully and effectively the terms of this
Agreement.
25. NO WAIVER OF DEFAULT.
This Agreement shall remain in full force and ef:'ect unless and until terminated
under IInd pursuant to the terms of this Agreement. The fali:'re of either party to insist
upon strict performance of any of the provisions of this Agreemel.t shall in no way affect
the right of such party hereafter to enforce the same, nor shall the waiver of any
subsequcnt default of the same or similar nature, nor shall it bl' construed as a waiver of
strict performance of any other obligations herein.
-9.
26. BREACH,
If either party breaches any provision of this Agreement, the other party shall
have the right, at his or her election, to sue in law or in equity to enforce any rights and
remedies which the party may have, and the party breaching this Agreement shall be
responsible for the reasonable legal fees and costs incurred by the other in enforcing his
or her rights under this Agreement.
27. SEVERABILITY.
If any term, condition, clause, or provision of this Agreement shall be determined
or declared to be void or invalid in law or otherwise, then only that term, condition,
clause or provision shall be stricken from this Agreement, and in all other respects this
Agreement shall be valid and continue in full force, effect and operation. Likewise, the
failure of any party to meet his or her obligations under anyone or more of the
paragraphs herein, with the exception of the satisfaction of the conditions precedent,
shall in no way void or alter the remaining obligations or the parties,
28, LAW OF PENNSYLVANIA APPLICABLE.
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
29. HEADINGS NOT PART OF AGREEMENT.
Any headings preceding the text of the several paragraphs and subparagraphs
hereof, are inserted solely for convenience of reference, and shall not constitute a part of
this Agreement, nor shall they affect its meaning. construction or effect,
-10-
IN WITNESS WHEREOF, the parties hereto set their hands and seals the day
and year first above written.
WITNESS:
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LOUANN Mm ~-
\\;W(;(jo&bW(,~~
MICHAEL MCCLOSKE
-11-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (JUm&~/4no
:SS.
On this, the;\S-//'day oJI/)(,.',,',e ,1996, before me, a Notary Public,the
undersigned officer, personally appeared LO ANN MCCWSKEY. known to me (or
satisfactorily proven) to be the person whos name is subscribed to the within
instrument, and acknowledged that she executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal.
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Notary Public
Nolarl31 Seal
Trad Jo Bbd<. Nolary NlIc
Cal"4sle6ao. Curnbel1aI1d County
My-co-nmi5sion E>pires Mvdll1, 1996
A!IlllOa1Joolof Nolaries
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DaA.kfJ~
:SS.
On this, the ,x,t(tI. day of ~w.,,-,W ,1996, before me, a Notary Public,
the undersigned officer, personally ppeared CHAEL MCCLOSKEY, known to me
(or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same for the purpose therein
ccntained.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal.
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No'rf.rit~t :..(t\:
~ARAH f, t.Df'icl,Y. ~1(;1'~f" Pllblic
Mv C('Plmi~',SH)! I L.:p:;-:.:~' [>;:': 1 'J. 199:\
Hc:ri:-;bl~[~'. r_t~ rh:IJp:l;n Counly I
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01:\ hbme\cjh\ family\ lransmil.rec
Charles J, Hartwell, Esquire
Supreme Court I.D. #S26SS
BOSWELL, SNYDER, TINTNER & PICCOLA
3 IS N. From Slreel
PO Box 741
Harrisburg, PA 17 IOg'{)74 I
(717) 236-9377
Allomeys for Plainliff
LOUANN McCLOSKEY,
PLAINTIFF
:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PENNA.
NO. 94-2362 Civil Tenn
.
.
.
.
v.
.
.
MICHAEL G. McCLOSKEY,
DEFENDANT
.
.
CIVIL ACI10N - LAW
IN DIVORCE
.
.
PRAECIPE TO TRANSMIT RECORD
To The Prothonolary:
Transmit the record, together with the following information, to the Court for entry
of a divorce decree:
I. Ground for divorce: irretrievable breakdown under Section (x) 3301 (c) () 3301
(Q).i!L of the Divorce Code.
(Check applicable section).
2, Date and manner of service of the Complaint:
May 6, 1994. Service accepted by Defendant.
3. (Complete either paragraph (a) or (b)),
(a). Date of execution of the affidavit of consent required by Section 3301 (c) of
the Divorce Code: by the Plaintiff January 25,1996; by the Defendant January 24,1996.
(b). (I) Date of execution of the Plaintifrs affidavit required by Section 3301 (d)
of the Divorce Code: NI A:
4. Related claims pending: None
5. Date and service of the Notice of Intention to file Praecipe to Transmit Record,
a copy of which is attached, if the Decree is to be entered under section 3301 (d)(l)(i) of
the Divorce Code. N/ A.
/ . i,
CHarles J. Hartwell, Esquire
Attorney for
( ) Plain ti ff
(x) Defendant
LOUANN McCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2362 CIVIL
1994
MICHAEL G. McCLOSKEY,
Defendant
IN DIVORCE
ORDER OF COURT
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AND NOW, this <- day
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19~ the economic claims raised in the proceedings having been
resolved in accordance with a marriage settlement agreement
dated January 25, 1996, the appointment of the Master is vacated
and counsel can file a praecipe transmitting the record to the
Court requesting a final decree in divorce.
BY THE COURT,
~~.lh'J' ---
cc: Louann McCloskey
Pro Se
~~rles J. Hartwell
~~orney for Defendant
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LOUANN MCCLOSKEY,
Plaintirt
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
v.
.
.
MICHAEL G. MCCLOSKEY,
Defendant
: ;~;I~/AP~3rP~ ~ ~
: IN DIV6RCE
If 0 TIC I!l
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Dl!ll'l!llfD
You have been sued in court. If you wish to defend against the
claims set forth in the tollowing pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Court House
Fourth Floor
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
(717) 240-6200
,-':: ,'-~'.
LOUANN MCCLOSKEY,
plaintiff
I IN THE COURT OF COMMON PLEAS
I OF CUMBERLAND COUNTY
I OF PENNSYLVANIA
v.
.
.
MICHAEL G. MCCLOSKEY,
Defendant
I CIVIL ACTION
NO.
I IN DIVORCE
NOTICE OP RIGHT TO COUNSBLING
You are one of the parties in the above captioned action in
divorce. By virtue of section 202 of the Pennsylvania Divorce Code,
it is a duty of the Court to advise both parties of the
availability of counseling and upon request of either provide both
parties a list of qualified professionals who provide such
services.
Accordingly, if you desire counseling a list of marriage
counselors is available in the Office of the Prothonotary at:
Office of the Prothonotary
CUmberland County Court House
1 Courthouse square
Carlisle, Pennsylvania 17013-3387
Prothonotary
v.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION
NO.
IN DIVORCE
LOUANN MCCLOSKEY,
plaintiff
MICHAEL G. MCCLOSKEY,
Defendant
CONSOLIDATED COMPLAINT IN DIVORCB
1. Plaintiff is Louann McCloskey, a citizen of Pennsylvania,
residing at 4770 Brian Road, Mechanicsburg, cumberland County,
Pennsylvania.
2. Defendant is Michael Geary Mccloskey, a citizen of
Pennsylvania, believed to be residing at Shiremanstown, Cumberland
county, Pennsylvania, with a mailing address of P.O. Box 3183,
Shiremanstown, PA 17011.
3. Plaintiff and Defendant are sui juris and have been bonafide
residents of the Commonwealth of Pennsylvania for at least six
months immediately preceding the filing of this Complaint.
4. The parties are husband and wife and were lawfully married on
October 14, 1989, in Cumberland County, Pennsylvania.
5. The marriage is irretrievably broken.
6. Neither Plaintiff nor Defendant is in the military or naval
service of the United states or its allies within the provisions of
the Soldiers' & Sailors' civil Relief Act of the Congress of 1940
and its amendments.
7. There has
instituted by
jurisdiction.
been no prior action for divorce or annulment
either of the parties in this or any other
8. The plaintiff has been advised of
counseling and of the right to request that
parties to participate in counseling.
the availability of
the Court require the
COUN'l' I
aeque.t for & r&ult Divoroe
Un4er 3301(&)(&) of the Divoroe C04e
9. The prior paragraphs of this complaint are incorporated herein
by reference thereto.
10. Defendant has offered such indignities to the Plaintiff, who
is the innocent and injured spouse, as to render Plaintiff's
condition intolerable and life burdensome.
11. This action is not collusive, as defined by 303 of the
Divorce code.
12. Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the
Court to require the parties to participate in such counseling.
WHEREFORE, plaintiff respectfully requests that the Court
enter a Decree of Divorce, pursuant to 3301(a) (6) of the Divorce
Code.
COUN'l' II
Request for a No-Fault Divorce
Un4er 3301(0) of the Divorce C04e
13. The prior paragraphs of this Complaint are incorporated herein
by reference thereto.
14. The marriage of the parties is irretrievably broken.
.~;...~~ v,.~-, ...~
15. After ninety (90) days have elapsed from the date of the
filing of this complaint, Plaintiff intends to file an affidavit
consenting to a divorce. Plaintiff believes that Defendant may also
file such an affidavit.
16. Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the
Court to require the parties to participate in such counseling.
WHEREFORE, if both parties file affidavits to a divorce after
ninety (90) days have elapsed from the filing of this Complaint,
Plaintiff respectfully requests the Court to enter a Decree of
Divorce, pursuant to 3301(c) of the Divorce Code.'
COUNT ru
Request for Equitable Distribution of
Marital property Under 3104 and 3502(a) of the Divoroe Code
17. The prior paragraphs of this Complaint are incorporated herein
by reference thereto.
18. Plaintiff and Defendant have acquired property, both real and
personal during their marriage from the date of said marriage until
the date of their separation.
19. Plaintiff and Defendant have been unable to agree as to an
equitable distribution of said property.
WHEREFORE, Plaintiff respectfully
equitably distribute the marital property
to 3104 and 3502(a) of the Divorce Code.
request the Court to
of the parties, pursuant
,"'., ,,'"
'""'l.Zi&,^>_YJ
COUNT IV
aeque.t for Alimony Pendente Lite
and Alimony under 3104, 3701, 3702 and 3704 of the Divorce Code
20. The prior paragraphs of this Complaint are incorporated herein
by reference thereto.
21. Plaintiff is unable to sustain herself during the course of
litigation.
22. Plaintiff lacks
reasonable needs and
appropriate employment.
sufficient property to provide
is unable to sustain herself
for her
through
WHEREFORE, Plaintiff requests the Court to enter an award of
alimony pendente lite until final hearings and thereupon to enter
an Order of alimony in her favor, pursuant to 3104, 3701, 3702 and
3704 of the Divorce Code.
COUNT V
Request for Counsel ~ees, Costs and Expense. Under
3104, 3323, 3502(e) of the Divorce Code
23. The prior paragraphs of this Complaint are incorporated herein
by reference thereto.
24. Plaintiff has employed Mary A. Etter Dissinger, Esquire of the
law firm of Dissinger & Dissinger to represent her in this
matrimonial cause.
25. Plaintiff is unable to pay the necessary counsel fees, costs,
and expenses and Defendant is more than able to pay them.
WHEREFORE, reserving the right to apply to the Court for
temporary counsel fees, costs and expenses, prior to final hearing,
Plaintiff requests that, after final hearing, the Court order
Defendant to pay Plaintiff's reasonable counsel fees, costs and
expenses.
COUH'l' VII
aeque.t for confi~tion of cu.tody Under
3104 Divorce C04.
26. The prior paragraphs of this Complaint are incorporated herein
by reference thereto.
27. Plaintiff is Louann Mccloskey, residing at 4770 Brian Road,
Mechanicsburg, cumberland county, pennsylvania.
28. Defendant is Michael Geary McCloskey, believed to be residing
at Shiremanstown, Cumberland County, Pennsylvania with an address
of P.O. Box 3183, Shiremanstown, PA 17011.
29.
Name
Plaintiff seeks custody of the following child:
Present Residence
Breanna M. Mccloskey
4770 Br ian Road
Mechanicsburg, PA
Age
1 year 3 months
30. The child, Breanna M. McCloskey, not born out of wedlock.
31. The child is presently in the custody of the Plaintiff who
resides at 4770 Brian Road, Mechanicsburg, Cumberland County,
Pennsylvania.
32. During the past five years, the child has
following persons at the following addresses:
Person Addresses
Louann McCloskey 4770 Brian Road
Michael Geary Mccloskey Mechanicsburg, PA
Louann McCloskey
Lewis E. Speese
Maryann B. Speese
resided with the
Date
Birth -
11/20/93
24 Brough Road
York springs, PA
11/21/93 -
12/15/93
12/16/93 -
04/10/94
Louann McCloskey
Michael Geary McCloskey
4770 Brian Road
Mechanicsburg, PA
Louann McCloskey
Lewis B. Speese
Maryann B. Speese
Louann McCloskey
24 Brough Road
York springs, PA
4770 Brian Road
Mechanicsburg, PA
04/11/94 -
04/12/94
04/13/94 -
Present
33. The mother ot the child is Louann McCloskey who currently
resides at 4770 Brian Road, Mechanicsburg, cumberland county,
Pennsylvania.
34. She is married to Michael Geary McCloskey.
35. The father of the child is Michael Geary McCloskey who is
believed to be residing at Shiremanstown, Cumberland County,
Pennsylvania, with an address of P.O. Box 3183, Shiremanstown, PA
17011.
36. He is married to Louann McCloskey.
37. The relationship of Plaintiff to the child is that of mother.
The Plaintiff currently resides with her child, Breanna M.
McCloskey.
38. The relationship of Defendant to the child is that of Father.
It is unknown with whom the Defendant currently resides.
39. Plaintiff has participated as a party or witness in a
Protection from Abuse action filed in this county by Plaintiff
seeking custody of the minor child and exclusive possession of the
marital residence.
40. Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the child or claims to have
custody or visitation rights with respect to the child.
-',...\ '~....' ,-'
41. The best interest and permanent welfare of the child will b.
served by granting the relief requested because Plaintiff has been
the primary caretaker of the child. Plaintiff is also better suited
to raise the child in a stable and nurturing environment.
42. Each parent whose parental rights to the child has not been
terminated and the person who has physical custody of the child
have been named as parties to this action. All other persons, named
below who are known to have or claim a right to custody or
visitation of the child will be given notice of the pendency of
this action and the right to intervene: NONE.
43. Defendant shall have the right to limited visitation with the
child.
WHEREFORE, Plaintiff respectfully prays your Honorable Court
to grant custody to Plaintiff and that visitation and that
visitation for Defendant will be as requested in the above
paragraphs.
Respectfully submitted,
r - l"
'-?4"'-u/( (2a0fz""'-"'- -. ___
Mary ~. Etter Diss ng~
Attorney for Plaintiff
28 N. Thirty-Second Street
Camp Hill, Pennsylvania 17011
(717) 975-2840
VERIFICATION
I, Louann McCloskey, verify that the statements made in the
Complaint 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 falsification.
~
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WUANN McCWSKEY, . IN THE COURT OF COMMON PLEAS
.
PLAINTIFF . CUMBERLAND COUNlY, PENNA.
.
.
.
v. NO. 94-2362 Civil Tenn
MICHAEL G. McCLOSKEY, : CIVIL ACI10N - LAW
DEFENDANT . IN DIVORCE
.
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
113301(c) OF THE DIVORCE CODE
I, I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce id granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed
with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
~4904 relating to unsworn falsification to authorities.
l2ttlJUL ,J)vr~
LOUANN MC
DATE:'fflltlVlo rJ5', 1996
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96 JM125 PH 12135
CUMBEi1L!1l~D COUNlY
PENNSW/A'\M
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PLAINTIFF
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PENNA.
v.
NO. 94-2362 Civil Tenn
MICHAEL G. McCWSKEY,
DEFENDANT
CIVIL ACI10N - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
1I330l(c) OF TIlE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice,
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce id granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed
with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
~4904 relating to unsworn falsification to authorities.
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MICHAEL G. MCCW Y
DATE: \ l.t,V'-. '3Cj ,1996
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LOUANN McCLOSKEY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUN1Y, PENNA.
v.
NO. 94-2362 Civil Tenn
MICHAEL G. McCLOSKEY,
DEFENDANT
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF TIlE DIVORCE CODE
I. LOUANN MCCLOSKEY, being duly sworn according to law, depose and say
that:
I. I am the Plaintiff in the above-captioned action in divorce under Section
3301(c) of the Divorce Code.
2. I have been advised of the availability of marriage counseling and understand
that I may request that the court require that my spouse and I participate in counseling.
3. I understand that the Court maintains a list of marriage counselors in the
Prothonotary's Office. which list is available to me upon request.
4. Being so advised. I do not request that the Court require that my spouse and I
participate in counseling prior to a divorce decree being handed down by the court.
5. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on May 4, 1994.
6, My marriage to MICHAEL G. MCCLOSKEY is irretrievably broken,
7. Ninety (90) days have elapsed from the date of filing the Complaint,
8, I consent to the entry of a final Decree of Divorce.
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intention to request entry of the decree.
I, LOUANN MCCLOSKEY, Plaintiff, verify that the statements made in this
Affidavit are true and correct. 1 understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to
authorities.
,\;fJiflA-1c- } hi~ ~
LOUANN MCCL9i ..
DATE:. JAI'lf;{(J"?J rJ.!J, 1996
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PENNS'lLV;.N!J\
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Charles J. Hanwcll. Esquire
Supreme Coun I,D. #S26SS
BOSWELL, SNYDER, TINTNER & PICCOLA
31S Nonh Front Slreet
PO Box 741
Harrisburg, PA 17108-0741
(717) 236-9377
Allorneys for Defendanl
LOUANN McCLOSKEY,
PLAINTIFF
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNIY, PENNA.
v.
NO. 94-2362 Civil Tern)
MUCHAELG.MeCLOSKE~
DEFENDANT
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
UNDER SECTION 3301(e) OF THE DIVORCE CODE
I, MUCHAEL G, MCCLOSKEY, being duly sworn according to law, depose and
say that:
I. I am the Defendant in the above-eaptioned action in divorce under Section
3301(c) of the Divorce Code.
2, I have been advised of the availability of marriage counseling and understand
that I may request that the court require that my spouse and I participate in counseling.
3, I understand that the Court maintains a list of marriage counselors in the
Prothonotary's Office, which list is available to me upon request.
4. Being so advised. I do not request that the Court require that my spouse and I
participate in counseling prior to a divorce decree being handed down by the court.
t.
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. .
5. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on May 4, 1994.
6, My marriage to LOU ANN MCCLOSKEY is irretrievably broken.
7. Ninety (90) days have elapsed from the date of filing the Complaint,
8. I consent to the entry of a final Decree of Divorce.
9. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree,
I, MICHAEL G. MCCLOSKEY, Defendant, verify that the statements made in
this Affidavit are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S,A. Section 4904, relating to unsworn falsification to
authorities.
~UG.kC~~
MICHAEL G. MCC S Y
DATE:'~Cl:\
L. '1-r 1996
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Charles J. Hartwell, Esquire
Supreme Court I,D, #S26SS
BOSWELL, SNYDER, TINTNER & PICCOLA
31S North Front Street
PO Box 741
Harrisburg, PA 17108-0741
(717) 236-9377
Allomeys for Defendant
LOUANN McCLOSKEY,
PLAINTIFF
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
.
.
.
.
v.
.
.
NO. 94-2362 Civil Tenn
.
.
MICHAEL G. McCLOSKEY,
DEFENDANT
CIVIL ACTION - LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
COMMONWEALTIl OF PENNSYLVANIA
55.
COUNTY OF CUMBERLAND
I, Michael G, McCloskey, being duly sworn according to law, depose and say that I
am the Defendant in the abuve Divorce proceeding and that I receive and accept service
of a true and correct copy of the Complaint in Divorce filed in the above matter, by cer-
tified mail, on or about May 6, 1994,
.I~U~0~C~
' MICHAEL G. McCLO Y
Sworn to and subscribed
before me this day
of ~^ ? \ ,1996
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NOTARY PUBLICV'
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LOUANN McCLOSKEY,
Plain Uf f
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
: CIVIL ACTION LAW
:
VS.
NO.
2362
CIVIL
1994
MICHAEL G. McCLOSKEY,
Defendant
IN DIVORCE
STATUS SHEET
/ /).\ life.
ACTIVITIES:
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DATE:
9/12/95
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Slreel
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Trecl Jo Colyer
Office Manager/Reporter
West Shore
697-0371 Ex!. 6535
September 12, 1995
Charles J. Hartwell, Esquire
BOSWELL, SNYDER, TINTNER
& PICCOLA
315 North Front Street
P.O. Box 741
Harrisburg, PA 17108-0741
RE: Louann Mccloskey vs. Michael G. McCloskey
No. 2362 Civil 1994
In Divorce
Mary A. Etter Dissinger
Attorney at Law
DISSINGER & DISSINGER
28 North 32nd Street
Camp Hill, PA 17011
Dear Ms. Dissinger and Mr. Hartwell:
By order of Court of President Judge Harold E. Sheely
dated July 14, 1995, the full-time Master has been appointed in
the above referenced divorce proceedings. Please note that the
reason for the delay in the Master's response is that the file
was not directed to the Master by the Prothonotary until the
week of September 11, 1995.
A divorce complaint was filed on May 4, 1994, raising
grounds for divorce of irretrievable breakdown of the marriage
and indignities. I assume that counsel are agreeable to
providing affidavits of consent so that the divorce can be
concluded under section 3301(c) of the Domestic Relations Code.
The divorce complaint also raised the economic claims of
equitable distribution, alimony, alimony pendente lite, and
counsel fees and expenses. The motion for appointment of Master
indicated, however, that only equitable distribution is at
issue.
Assuming that grounds for divorce are not at issue, I am
directing each counsel to file a pre-trial statement in
accordance with P.R.C.P. 1920.33(b) on or before Friday, October
6, 1995. Upon receipt of the pre-trial statements I will
,
.
Ms. Dissinger and Mr. Hartwell, Attorneys at Law
12 September 1995
Page 2
immediately schedule a pre-hearing conference with counsel to
discuss the issues and, if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING
COUNSEL.
NOTICE OF PRE-HEARING CONFERENCE
TO: Mary A. Etter Dissinger
Charles J. Hartwell
, Counsel for Plaintiff
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover street, Carlisle,
Pennsylvania, on the 19th day of January, 1996, at 9:30 a.m., at
which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 10/30/95
E. Robert Elicker, II
Divorce Master
Mary A. Etter Dissinger, Attorney for Plaintiff, has not filed a
pre-trial statement as of the date of this notice.
Charles J. Hartwell, Attorney for Defendant, filed a pre-trial
statement on October 5, 1995.
LOUANN McCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2362 Civil 1994
vs.
MICHAEL G. McCLOSKEY,
Defendant
IN DIVORCE
MEMORANDUM OF UNDERSTANDING
Today is Friday, January 19, 1996. This is the
time set for a pre-hearing conference in the above referenced
case.
Present is the Plaintiff, LouAnn McCloskey. She
is not represented by counsel. Her counsel Mary A. Etter
Dissinger was permitted by the Court to withdraw pursuant to an
order dated November 17, 1995. Also present is Charles J.
Hartwell, attorney for the Defendant, Michael G. McCloskey.
Michael G. Mccloskey is present in the Master's office; however,
he is not in the hearing/conference room but is in another
conference room in the building.
We have had discussion on the issues that have been
presented in the pleadings, namely equitable distribution,
alimony, and counsel fees and costs.
Arising out of our discussion is a tentative
understanding as to how we perhaps can resolve the outstanding
issues, and the Master is going to place on the record his
outline of what he understands the parties have tentatively
agreed to as a final resolution of this case.
Mrs. McCloskey has raised a claim for alimony but
indicated that if her terms for settlement on the equitable
distribution part of the case are met, she will withdraw her
alimony claim. Further, we have discussed Mrs. Mccloskey's
claim for counsel fees and costs. The Master has indicated that
not only were some of those counsel fees incurred for custody
proceedings, which are not part of the divorce claim for counsel
fees, but further, based on the Master's understanding of the
income of the parties and assets of the parties, he does not
feel that an award of counsel fees and costs is warranted under
the law. Therefore, we are left with trying to resolve the
claim of equitable distribution.
Mrs. McCloskey indicated that at the time that the
parties separated there was a computer system with certain
software packages. She believes that should she be provided a
system similar to the one that was available to her at the time
of separation she would be able to utilize the computer system
to assist in earning some money to provide for herself and the
parties' minor child. Therefore, she has indicated that as part
of this settlement she is willing to waive her claim for alimony
and accept a computer system and software. Mr. Hartwell has
discussed the matter with his client and Mr. McCloskey has
indicated that he does have the computer (the printer was
damaged and has been replaced with another printer) and does
have some software which has been loaded into the system. Mr.
Hartwell has agreed to use his expertise in the operation of
computers and assessment of the program and system to evaluate
what is currently in Mr. McCloskey's possession. He will make a
report to Mrs. McCloskey as to what he has developed from the
system and allow her an opportunity to determine if the system,
after hearing from Mr. Hartwell, is adequate to meet her needs
for her home use and use for earning some income. The system
will be reviewed by Mr. Hartwell either in Mr. McCloskey's
office or the system will be brought to Mr. Hartwell's office.
In any event, Mr. McCloskey has indicated that he does not want
Mrs. McCloskey in his office; therefore, ultimately if the
system is delivered to Mrs. McCloskey it will have to be
delivered to Mr. Hartwell's office for her to pick up.
Mrs. McCloskey has in her possession a 1985 Reliant
automobile with a value of between $200.00 and $500.00. She
uses this vehicle as her only means of transportation. Mr.
McCloskey has the title and Mrs. McCloskey would request that as
part of the settlement the vehicle be signed over to her and
that she also be provided with the file on the vehicle which
contains some warranty information that she needs with respect
to a muffler system.
The household tangible personal property in wife's
possession will be retained by her with the exception of certain
items which may be able to be provided to Mr. McCloskey which he
has set forth on a list. His list includes old books; a tool
box with a hammer, knife, and electronic equipment; blankets;
and clothing, consisting of a coat and suits. Mrs. McCloskey
has indicated that she does have some books and has the tool box
but the tool box does not have all of the items inside which Mr.
McCloskey has claimed. Mrs. MCCloskey also has the blankets
which the parties' daughter is using. With respect to the
clothing, she said that the coat and suits were sold.
Mr. Hartwell has requested that Mrs. McCloskey
provide him with a list of the items which she has specifically
and those items which she claims she does not have. She is
going to state on the list the disposition of those items.
In the event that this case can be resolved by
providing to Mrs. McCloskey an operable computer system with
appropriate software as indicated, and Mr. McCloskey receives
those items that he has requested which are in Mrs. McCloskey's
possession, and the title to the car is transferred with the
file on the warranties, Mrs. McCloskey has stated that she will
sign an affidavit of consent so that the divorce can proceed
under Section 3301(c) of the Domestic Relations Code. Further,
she will waive her claim for alimony. The claim for counsel
fees and costs, the Master has already determined is not viable
and has told Mrs. McCloskey and counsel for husband that he is
not likely to make any recommendation requiring any payment of
counsel fees and costs by Mr. McCloskey.
Mr. Hartwell and Mrs. McCloskey will be in touch
with the Master by Friday, January 26, 1996, with respect to the
matters outlined in this memorandum. At that time the Master
will be informed that we either have a settlement and we can
proceed as set forth in the outline, or the Master will schedule
a hearing and notices will be sent setting a hearing date
probably some time in April or May, which is the schedule that
the Master is currently on with respect to hearing dates.
If the matter is resolved and there is an agreement
signed, the Master should be provided with a copy of the
agreement so that he can vacate his appointment and then Mr.
Hartwell, acting as counsel for husband, can file a praecipe
transmitting the record with the signed affidavits of consent
attached. The agreement will be made part of the original file
at the courthouse and a copy of the agreement will be retained
in the Master's office.
cc: Louann McCloskey
Pro Se
Charles J. Hartwell
Attorney for Defendant
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LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v.
CIVIL ACTION - LAW
: NO. 94-2362 Civil Term
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
ORDER
AND NOW, this; 1(/1 day of l/1e L(,,{...(--.-, ,1995, upon
Movant's Motion to Make Rule Absolute, it is hereby ordered and
decreed that Mary A. Etter Dissinger is released as counsel for
Lou Ann McCloskey and has no further responsibility to represent
the Plaintiff in this matter.
BY THE COURT:
/) ,'~ "/
--illL((..,\L-
J.
:i
LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 94-2362 civil Term
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes Mary A. Etter Dissinger, Esquire, and moves
the Court to make rule absolute on her Rule to Show Cause and
Petition to withdraw Appearance dated September 28, 1995, and
avers as follows:
1. Movant filed a Petition to withdraw Appearance with Rule to
Show Cause on September 28, 1995.
2. On September 28, 1995, the Court issued a Rule returnable
within twenty days.
3. Movant properly served Plaintiff and Defendant, through his
counsel, by First Class, United States Mail. (See Exhibit "A"
attached hereto.)
3. The twenty day period within which to respond to the Rule has
expired.
':
i 4. Neither Plaintiff nor Defendant, nor counsel for Defendant '
have filed any response as of November 6, 1995, and so the Docket
indicated on November 6, 1995.
5. Based on Movant's Petition to Withdraw Appearance, Movant
should be absolved of her responsibility as counsel of record.
WHEREFORE, Movant respectfully requests that rule be made
absolute on Movant's Petition to Withdraw Appearance.
Respectfully Submitted,
Dated: //('/7 S
'--7Jr~ Q?~. d
Mary A Etter Diss nger, Esquire
Attorney for Plaintiff
28 N. Thirty-second Street
Camp Hill, Pennsylvania 17011
(717)-975-2840
. '
... , 'j
'",
LOUANN MCCLOSKEY, IN THE COURT OF COMMON PLEAS
Plaintiff . OF CUMBERLAND COUNTY
.
OF PENNSYLVANIA
v. .
.
CIVIL ACTION - LAW
NO. 94-2362 civil Term
MICHAEL GEARY MCCLOSKEY, .
.
Defendant IN DIVORCE
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
Rule Returnable dated September 28, 1995, upon the following, by
First Class United States mail addressed as follows:
E. Robert Elicker, II
Divorce Master
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Charles J. Hartwell, Esq.
Boswell, Snyder, Tintner & Piccola
315 North Front Street
PO Box 741
Harrisburg, PA 17108-0741
Louann McCloskey
502-7 Pine Road
Mt. Holly springs, PA 17065
.3
Date:):jtIJ S
7;(:
Ltter Dissinger, Esquire
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I:
LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 94-2362 civil Term
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
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
Motion to Make Rule Absolute dated November , 1995, upon the
following, by First Class United States mail addressed as follows:
E. Robert Elicker, II
Divorce Master
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
i!
Charles J. Hartwell, Esq.
Boswell, Snyder, Tintner & Piccola
315 North Front Street
PO Box 741
Harrisburg, PA 17108-0741
Louann McCloskey
502-7 Pine Road
Mt. Holly Springs, PA 17065
Date:
Id 1 ('l 5"
'-71\~ () r~ A .
Mary ~. Etter D~ss~nger, Esquire
m:\ home\ cjh\ family\ mcclosky,lap
LOUANN McCLOSKEY,
PLAINTIFF
.
.
IN TIIE COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PENNA.
NO. 94-2362 Civil Tenn
Charles J. Hartwell, Esquire
Supreme Court 1.0, *~26S~
BOSWELL, SNYDER, TINTNER & PICCOLA
31~ N. Front Street
PO Box 141
Harrisburg. PA 11108.{)141
(111) 236-9371
Attorneys for Defendant
.
.
.
.
v.
MICHAEL G. McCLOSKEY,
DEFENDANT
.
.
CML ACTION - LAW
IN DIVORCE
.
.
INVENTORY AND APPRAISEMENT OF
DEFENDANT MICHAEL G, McCLOSKEY
Defendant files the following inventory and appraisement of all property owned or
possessed by either party at the time this action was commenced and all property transferred
within the preceding three years.
Defendant verifies that the statements made in this inventory and appraisement are true
and correct. Defendant understands that false statements herein are made subject to the
penalties of 18 Pa.C.S. ~4909 relating to unsworn falsification to authorities.
ASSETS OF PARTIES
Defendant marks on the list below those items applicable to the case at bar and
itemizes the assets on the following pages. If an item has been appraised, a copy of the
appraisal report is attached.
( ) 1.
Real property
(x) 2.
Motor vehicles
( ) 3.
( ) 4.
(X) 5.
( ) 6.
(X) 7.
( ) 8,
( ) 9.
( ) 10.
( ) 11.
( ) 12.
( ) 13.
( ) 14.
( ) 15.
( ) 16.
( ) 17.
( ) 18.
( ) 19,
( ) 20.
Stocks, bond, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts, money market and savings
certificates
Contents of safe deposit boxes
Trusts
Life Insurance policies (indicate face value, cash
surrender value and current beneficiaries)
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Business (list all owners, including percentage or
ownership, and officer/ director positions held by
a party with company)
Employment termination benefits - severance pay,
workman's compensation claiml award
Profit sharing plans
Pensions plans (indicate employee contribution and
date plan vests)
Retirement plans, Individual Retirement Accounts
Disability payments
- 2 -
( ) 21.
( ) 22.
( ) 23,
( ) 24.
(X ) 25.
( ) 26.
Litigation claims (Matured and unmatured)
Militaryl V.A. benefits
Educations benefits
Debts due, including loans, mortgages held
Household furnishings and personal property
(include as a total category and attach itemized
list if distribution of such assets is in
dispute).
Other
MARITAL PROPERTY
Plaintiff lists all marital property in which either or both
spouses have a legal or equitable interest individually or with
any other person as of the date this action was commenced:
REAL ESTATE
NO. DESCRIPI10N HELD BY 'fIThE GROSS
VALUE
1. I None.
AUTOMOBILES
NO DESCRIPI10N LOCATION TITLE VALUE
2A 1985 Reliant Wife Joint 1,000.00
- 3 -
,-
STOCKS. BONDS & SECURITIES
NO
3A
DESCRIPTION LOCATION TITLE
VALUE
0.00
3,000 Shares of common stock in Husband Husband
Geary Construction Co., Inc.
CHECKING ACCOUNTS. ETC.
NO DESCRIPTION LOCATION TITLE VALUE
4A Northern Central Bank Closed Husband 0,00
Acc!. No. 7200710
Checking Account
4B Commerce Bank Closed Joint 0.00
Acc!. No. 0512041302 111 26/93
Checking Account
4C Commerce Bank Husband 75.09
Acct No. 032039190
40 Commerce Bank Closed Husband 0.00
Acc!. No. 512052093 5/1/92
CONTENTS OF SAFElY DEPOSIT BOX
NO
5A
DESCRIPTION
LOCATION
1'I'lLE
VALUE
0.00
Birth Certificate, Divorce
Papers
Commerce Bank
Hampden Center
Mechanicsburg
Husband
- 4-
BUSINESS
NO DESCRlFIlON LOCATION TITLE
VALUE
0.00
6A Geary Construction Co., 812 Camp Hill Mall, Husband
Inc, Camp Hill, PA
PENSIONS
None.
RETIREMENT PLANS. I.R.A'S. 4OUKl'S
None.
PERSONAL PROPERTY
NO. DESCRIPTION LOCATION TITLE VALUE
7A Furnishings Wife Husband 1000.00
7B Clothing Husband Husband 50.00
7C Jewelry Husband Husband 100.00
7D VCR Wife Joint 230.00
7E Bed Wife Joint 450.00
7F (2) Dressers Wife Joint 1,500,00
7G Etagere Wife Joint 20.00
7H Rocking Chair Wife Joint 100.00
71 Jewelry Wife Wife 8,000.00
- 5 -
NON-MARITAL PROPERlY
NO. DESCRlPI10N REASON FOR VALUE
EXCLUSION
8A Revereware acquired before 200.00
marriage
8B Oil Fyer " " 50.00
8C Brass Clock " " 50.00
8D Television " " 325.00
8E Television " " 450.00
8F Silverwarel dishes " " 100.00
80 Small Appliances " " 100.00
8H Couch & Loveseat " " 1.800.00
81 Antique Sewing Stand " " 500.00
8J Books " " 50.00
8K Blankets " " 50.00
8L 1987 Nissan Standard Truck " " 2,800 ,00
8L Business identified above Post-marital agreement 0.00
LlABlLmES OF PARTIES
Defendant marks on the list below those items applicable to the case at bar and
itemizes the liabilities on the following pages:
- 6-
SECURED
( ) I. Mortgages
( ) 2. Judgments
() 3. Liens
( ) 4. Other secured liabilities
UNSECURED
( ) 5. Credit card balances
( ) 6. Purchases
( ) 7. Loan payments
( ) 8. Notes payable
( ) 9, Other unsecured liabilities
CONTINGENT OR DEFERRED
( ) 10. Contracts or Agreements
( ) 11. Promissory notes
( ) 12, Lawsuits
( ) 13, Options
( ) 14. Taxes
( ) 15, Other contingent or deferred liabilities
- 7 -
,. ~...
.-
, .
REAL ESTATE MORTGAGES
None.
SECURED LIABILITIES
None.
UNSECURED LIABILmES
None.
BOSWELL, SNYDER, TINTNER & PICCOLA
BY:
/ ", (1, 11
( / / V'/ k------
Char~es J. Hartwell, Esquire
Atto~ney for Defendant
DATE: October L{ , 1995
- 8 -
v.
.
.
NO. 94-2362 Civil Tenn
WUANN McCLOSKEY,
PLAINTIFF
.
.
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
.
.
MICHAEL G. McCLOSKEY,
DEFENDANT
CML ACTION - LAW
IN DIVORCE
VERIFICATION
I. MICHAEL G McCLOSKEY. the Defendant in the above divorce proceeding state
that upon personal knowledge or information and belief that the averments set forth in the
within pleading are true. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.s.A. ~4904 relating to unsworn falsification to authorities.
\ ~r tic)../! (;L~
" ~ MICHAEL G. MccUiSKEv
DATE: IO,ll-l15
LOUANN McCLOSKEY, . IN TIlE COURT OF COMMON PLEAS
.
PLAINTIFF CUMBERLAND COUN1Y, PENNA.
.
.
v. . NO. 94-2362 Civil Term
.
.
.
MICHAEL G. McCLOSKEY, . CML ACI10N - LAW
.
DEFENDANT . IN DIVORCE
.
CERTIFICATE OF SERVICE
I, Charles J. Hartwell, Esquire, attorney for the above-named Defendant, hereby certify
that I have served a true and correct copy of the foregoing document by first class mail,
postage pre-paid upon the following persons, addressed as follows:
E. Robert Elicker, Master
9 North Hanover Street
Carlisle, PA 17013
Mary A, Etter Dissinger, Esquire
28 North 32nd Street
Camp Hill, PA 17011
Attorney for Defendant
BOSWELL, SNYDER, TINTNER & PICCOLA
.,
/'~
By:
Charles J. Hartwell
DATE: I 0 .l./_qj
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I
Charles J. Hartwcll, Esqulrc
Suprcme Court 1.0. #S26SS
BOSWELL. SNYDER, T1NTNER & PICCOLA
31S North Front Street
PO Box 741
Harrisburg. PA 17108'()741
(717) 236-9377
Allorncys for Defcndant
WUANN McCWSKEY,
PLAINTIFF
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PENNA.
.
.
.
.
v.
NO. 94-2362 Civil Term
:
MICHAEL G. McCWSKEY,
DEFENDANr
CML ACl10N - LAW
IN DIVORCE
DEFENDANT'S PRETRIAL STATEMENT
PURSUANr TO PA. R.C.P. 1920.33
AND NOW COMES Defendant, Michael G. McCloskey, and submits the following
Pretrial Statement for the Master's Hearing scheduled before E. Robert Elicker, Esquire,
the Master appointed in this proceeding:
1. Defendant identifies assets and liabilities as reflected on Defendant's Inventory
and Appraisment attached hereto a~ Exhibit "A".
2. Defendant proposes to calI the following fact witnesses:
(a) Defendant will testify as to the relevant factors for equitable
distribution.
(b) Defendant has not identified any other fact witnesses. but reserves the
right to do so on a timely fflshion,
3. Defendant proposes to submit the following exhibits In evidence:
(a) Post-nuptial agreement entered Into between the parties on April 3D,
1991, under which Plaintiff relinquished her Interests In Defendant's business.
(b) Documentation showing account balances,
4. Defendant attaches hereto 1993 Federal Tax Return as evidence of income,
attached hereto as Exhibit "B".
5. Defendant is not requesting counsel fees.
6. The marital debts are as reflected in the Inventory and Appraisement,
previously identified and attached hereto,
7. Defendant proposes distribution of the equity remaining in the marital
property 50% to Plaintiff and 50% to Defendant.
RESPECTFULLY SUBMITTED,
BOSWELL, SNYDER, TINTNER & PICCOLA
By:
I' ~
,
Charles 1~ Hartwell, Esquire
DATE:
\ ()-\.I-06
01:\ IJomc\ cjlt\ family\ mcclosky.lap
Charles J, Harlwcll, Esquirc
Suprcme Coun I,D, #S26S5
BOSWELL, SNYDER, TINTNER & PICCOLA
315 N. Fronl Slreet
PO Box 741
Harrisburg, PA 17108~741
(717) 236-9377
Allorncys for Dcfendant
WUANN McCWSKEY, . IN TIlE COURT OF COMMON PLEAS
.
PLAINI1FF . CUMBERLAND COUNlY, PENNA.
.
.
.
v. . NO. 94-2362 Civil Tenn
.
.
.
MICHAEL G. McCWSKEY, . CML AcnON - LAW
.
DEFENDANT . IN DIVORCE
.
INVENTORY AND APPRAISEMENT OF
DEFENDANT MICHAEL G. McCWSKEY
Defendant files the following inventory and appraisement of all property owned or
possessed by either party at the time this action was commenced and all property transferred
within the preceding three years.
Defendant verifies that the statements made in this inventory and appraisement are true
and correct. Defendant understands that false statements herein are made subject to the
penalties of 18 Pa.C.s. ~4909 relating to unsworn falsification to authorities.
ASSETS OF PARTIES
Defendant marks on the list below those items applicable to the case at bar and
itemizes the assets on thc following pages. If an itcm has been appraised, a copy of the
appraisal report is auachcd,
( ) I.
Real properly
(:\) 2.
1\'lolOr vehicles
DEFENDANT'S
i!1IB1T
( ) 3.
( ) 4,
(X) 5.
( ) 6.
(X) 7.
( ) 8.
( ) 9.
( ) 10.
( ) 11.
( ) 12.
( ) 13.
( ) 14.
( ) 15.
( ) 16.
( ) 17.
( ) 18,
( ) 19.
( ) 20.
Stocks, bond, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts, money market and savings
certificates
Contents of safe deposit boxes
Trusts
Life Insurance policies (indicate face value, cash
surrender value and current beneficiaries)
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Business (list all owners, including percentage or
ownership, and officer/ director positions held by
a party with company)
Employment termination benefits - severance pay,
workman's compensation claim/ award
Profit sharing plans
Pensions plans (indicate employee contribution and
date plan vcsts)
Rctirement plans, Individual Retiremcnt Accounts
Disabilily payments
- 2 .
( ) 21.
( ) 22.
( ) 23.
( ) 24.
(X ) 25.
( ) 26.
Litigation claims (Matured and unmatured)
Military/ V.A. benefits
Educations benefits
Debts due, including loans, mortgages held
Household furnishings and personal property
(include as a total category and attach itemized
list if distribution of such assets is in
dispute).
Other
MARITAL PROPERlY
Plaintiff lists all marital property in which either or both
spouses have a legal or equitable interest individually or with
any other person as of the date this action was commenced:
r ".,'
,.NO.
I 1.
"I,
I None,
REAL ESTATE
I '
. ...... .
. 'HELD BY
I
r
. .:,:"
I
,..,....,
I
"..,.,.".,., ,.'."'1
'G"" ri......O..".'"s><s..'...".'.....'..'..".....'....'.'...'~.'....'.'
UtI.. "';>V":'-;'
VALUE'>
I
Tl1LE
DESCRIPI'ION
AUTOMOBILES
NO "1 DESCRIPl10N
2A 11985 Reliant
I WCATION I TITLE
1 Wife I Joint
VALUE I
1,000.00 I
.3.
STOCKS. BONDS & SECURITIES
NO
3A
DESCRIPTION LOCATION TITLE
VALUE .'
0.00
3,000 Shares of common stock in Husband Husband
Geary Construction Co., Inc.
CHECKING ACCOUNTS. ETC.
:.NO;;~:\ DFsCRIPTION ".
....,....,.:-.. .",,'y.,", '. ... . -. .-. -
LOCATION riri..E/ vAtW'I;f;;;
Closed Husband 0.00
4A Northern Central Bank
Acct. No. 7200710
Checking Account
4B Commerce Bank
Acct. No. 0512041302
Checking Account
Closed Joint 0.00
11126/93
4C
Commerce Bank
Acct No. 032039190
Husband
75J19
4D
Commerce Bank
Acct. No. 512052093
Closed
5/1/92
Husband
0.00
CONTENTS OF SAFETY DEPOSIT BOX
NO
DESCRIPTION
LOCATION
I TITLE
5A
Birth Certificate. Divorce
Papers
Commerce Bank
Hampden Center
Mcchanicsburg
Husband
VALUE
0.00
- 4 -
BUSINESS
NO DESCRIPTION LOCATION TITLE
VALUE
0.00
6A Geary Construction Co., 812 Camp Hill Mall, Husband
Inc. Camp Hill, PA
PENSIONS
None.
RETIREMENT PLANS. I.R.A'S. 401(K)'S
None.
PERSONAL PROPERlY
. No.1.
lLOCATION I . TITLE.. I <VALWil
. DESCRIPTION.
7A Furnishings Wife Husband 1000.00
7B Clothing Husband Husband 50.00
7C Jewelry Husband Husband 100.00
7D VCR Wife Joint 230.00
7E Bed Wife Joint 450.00
7F (2) Dressers Wife Joint 1,500.00
7G Etagere Wife Joint 20.00
7H Rocking Chair Wife Joint 100.00
71 Jewelry Wife Wife 8,000.00
- 5 -
jli
NON-MARITAL PROPERlY
NO. DESCRIPTION REASON FOR VALUE
EXCLUSION
8A Revereware acquired before 200.00
marriage
8B Oil Fyer " . 50.00
8C Brass Clock " . 50.00
80 Television " " 325.00
8E Television " . 450.00
8F Silverwarel dishes " . 100.00
8G Small Appliances " " 100.00
8H Couch & Loveseat " . 1,800.00
81 Antique Sewing Stand " " 500.00
8J Books . . 50.00
8K Blankets " . 50.00
8L 1987 Nissan Standard Truck " . 2,800.00
8L Business identified above Post-marital agreement 0.00
LIABILmES OF PARTIES
Defendant marks on the list below those items applicable to the case at bar and
itemizes the liabilities on the following pages:
- 6 -
SECURED
( ) 1.
( ) 2.
() 3.
( ) 4.
Mortgages
Judgments
Liens
Other secured liabilities
UNSECURED
( ) 5. Credit card balances
( ) 6. Purchases
( ) 7. Loan payments
( ) 8. Notes payable
( ) 9. Other unsecured liabilities
CONTINGENT OR DEFERRED
( ) 10. Contracts or Agreements
( ) 11. Promissory notes
( ) 12. Lawsuits
( ) 13. Options
( ) 14. Taxes
( ) 15. Other contingent or deferred liabilities
- 7 -
1:~i4"''''
REAL ESTATE MORTGAGES
None.
SECURED LIABILmES
None.
UNSECURED LlABILmES
None.
BOSWELL, SNYDER, TINTNER & PICCOLA
BY:
(! fiJl" ;;
~ ./.. j ~
Char~es J. Hartwell, Esquire
Attorney for Defendant
DATE: October ~ ' 1995
- 8 -
1040' Department o. mo 11M'"" .Inlernal Revenu. ServIc. ~1ii'\9' 3
! . u.s. Jndlvlduallncome Tax Return UI:!J.
.1993. ....,
... DoyouwonlS3logotolhlslund? . . . . . . . . . . . . . . . . . . . . . . . . . . . .
,.. If elolnllelurn. doe. ourspouso wenl S3 10 go 10 Ihls fund? ...............
Slnglo
X Merr1ed filing JoInl relurn (even If only one hed Incomo)
Mlnled 11111'9 .ep lel",n Enl.. .pau.... SSN lbov. & full nam.. ~
Heed of household (wilh quelllylng person). (Seo PO 13.) If que/lfylng person Is e child bul not youl dependent. enter
this child's nome helo. ~
Que/I In wldow(e.) with dependenl chllJ ( r. S uso dlod~19 ). (Seo pe e 13.)
X Yoursell. II your parent (ot .ameo.. el.e) cen clolm you os e dependenl on N. ot her ,..return,
do not check box 60. But b..... to check th. box on hoe 33b on page 2 .....
b X Sou.. ...... .............
o Dependents: 4 Dependen!'. 5.1.':;.1.
relehon'hip 10 ......
(I) Nem. firsl.lnilill. erd 10.1 name u ": IO"
Breanna McC os e ter 12
(,",,.1.
<<t,.U.I
L
A
Us. Ih. BE
IRS L
l.b.1.
H
-'E
,....."Inl R
....... E
Prosldenlle
(:I.cllon ClmRllgn
(Seo pogo 12.)
FIling Status
(Se6 pogo 12.)
Check only
one box.
Exsmptlona
(Seo pego 13.)
IfmOlo
then six
dependenls.
seo pego 14.
Income
Altech
copy B of your
Forms W.2.
W.2G, and
1099.R horo.
II you did nol
gel 0 W-2. see
pego 10.
II you ore
ollochlng a
check or money
order, pull! on
lop 01 ony
Form. W-2,
W-2G. or
1099-R.
Adjustments
to Income
(Sre pngo ?O )
Adl. Gr. Income
1lI1Q(j
. 00 not write or lie Ie In lhis . c
.19 OMB. No. 1545.0074
Your 10Clllsecurtly number
171-54-5817
Spouse'e socllleecurlly number
173-54-4354
~or PrlvaCy,Act a~d
aperworl(Reduc Ion Act
ollce, eoe pege .
Ves No Note: Checklng'Yes'
X will not chenge your
tex 01 reduce your
X rofund.
IDS u..OnI
For thl
Michael G. McCloskeyv'
Louann S. McCloskey
4770 Brian Road
Mechanicsburg, PA 17055
1
2
3
4
5
ea
d If your child didn'lliv. wilh you bulls clllmed.. your dependenl urd.. e p'".I98S Igreemenl. check h..e ~
e Totol numbel of exem lions de/med . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Weg... sellri... tip.. elc. A1llch Form(s) W.2
81 TaxeblelntOfostlncome (seo pego 16). Allech Schedulo B If over $400 ............
b Tax.exempt inl....t1ncom. (... pagl 17). OON'T1ncludo on lin.ee 8b
9 Dividend Income. Allech Schedule B II over S400 ......................
10 Texeble refunds. credlls. or ollsets of stole end locollncome loxe. (see pege 17) ....
11 Alimony received .......................... . . . . . .
12 Buslnes. Income or(IOSS). Alllch Schedulo C or C-EZ . . . . . . . . . . . . . . . . .
13 Copilel glln or (loss). Alloch Schedule D .......................
14 Copilel geln d1slrlbullons not reported on line 13 (seo pogo 171 ................
15 Olher goins Of (loss e.). Alloch Form 4797 . . . . . . . . . . . . . . . . . . . . . . . . . .
lee TotollRAdistrlbullons .. ~ I b Texeble omount (seo pege 16)
171 Tof.1 pen.ion. Ind Innuitles @!J b Texeble emount (seo pege 18)
18 Renlelreel esloto.royellle.. perlnerships. 5 corporolions. trusls. elc. Anech Schedule E .
19 Form Income or (Ios.). Alloch Schedule F .... . . . . . . . . . . . . . . . . . . .
20 Unemploymenl compensolion (see poge 19) . . . . . . . . . . . . . . . . . . . . . . . . .
211 Soclol security benelil. . ~ I b To.eble emount (see pege 19)
22 Olher income.lisl type end amounl
23 Add Ihe omounls '" Ihe lar IIglil column for hnes 1 Ullough 22. 1 iii. IS your tollllncomo . . . . ~
24. Your IRA deducllon (,0.0. page ,0) . . . . . . . . . . . . .. 24e
b SpoII.e's IRA deduchon (see pnge ?O) ........ ,24b
25 Onr'lia!1 01 self 'emplnymrnl fn. (srr raoe ?1) _~5_
26 Self -rmr!oYl"d hNlinl ln5tJ1nl1Cr Of'l'1:Jcllon (~f'(I r;)Q~ ??) ._2!S
'17 K(l(lC~ rrll,('menl r1nn t1nr1 ~(llf -f'rT,rl(lYPr1 sr p r,(Ir.urllnn ~!L
78 l'rr.<"!'\' r'~ (lIV1y Vto \llIl',h\n! fll !'th'nc:~ 28
29 Ahmon~' pn,d ReclplenrS 29
DEFENDANT'S
E~IBIT
h
-_.~
i
----t
:10 ;'I~::' I {'.., ;'.1,llt:rt:!t;', :~l
31
:~lJt\I!;l;t jl!lP :!Ulfrnl Ilnl""
come .
j
301
. ~. 31
'.
. .
~ql boxes
:kedon6o
. fib
~IJ:~ fie
who.
e lived wilh you
e dldn'lr with
you due lc\"3wprce
/If '~rhon I'"
pag.'15
Dependent. on fie
nol entered above
/Odd ~b'"
enter on
lines a ve ....
3 944.
G
10
11
12
13
14
15
lelI
17b
18
19
20
21b
22
23
~'/;}(,
'~;~%
~~ iff
:y
O.
15, 14<>.
,. nrm I~O (1993)
2
1
FOfm 1040 (1993)
.32
:131
Tax
Compu-
lotion
(See poge
23.)
If you wonl
Ihe IRS to
figuro your
tax, seo
pogo 24.
Credits
(See pogo
25.)
Other
Taxes
Paymants
Alloch
Forms W-2.
W'2G.ond
1099-R 10
pego 1.
50
Refund or 81
Amount 52
You Owe 63
64
65
Sign
Here
Keep 0 cCPY
of Ihls Ip.lurn
for your
recOlc1,;.
Pnid
Prnpnrnr'"
Uso Only
. .'
..! .
171-54":5817
32 15
P.g. 2
146.
Michael G. & Louann S. McCloskey
M101Jnl from IIno 31 (odjusled grotS Incomo) , . . . , ... . . . .. , . , . . . . . . , . . .
Check II: 0 You..".65orold...o D1ird. oSPOUSI w.. 65 0< old". 0 Blord.
Add IhQ number 01 boxes chocked ebove and ..Ier tho tot81 helo ...... . ~ :131
b II your porent (or someone else) coo clolm you os 0 dep..donl. check here ~ 33b
c II you ole mellled flhng sepBlolely oodj'our spou<o lIemlzes deducllons or ~:I3c 0
you 010 0 duol-slolrn OIlen, see pege Z4end check here . . . . . . . . . . . . . .
:l4 E tel { lI.mlnd deducllons flom Schedulo A. IIno 26, DR }
Ihn Stlndlld d.ductlon shown below for yourflhng slelus. But II you ch.ck.d Iny box on
o Iln.:I31 or b. go 10 pogo 24 10 fInd your slendllld dedUctlon.lryou ch.cked box :l3e.
IlIg.r your stoodOld deduchon Is lero.
01 _ Slngtp - 13.700 _ Heed of household - S5.450 _ Mer~ed filing seperolely - 13,100
your: _ Merrled filing JoInlly or Ouolllylng wldow(er) - $6,200
:IS Subtroclllno 34ltom line J2 ..................................
38 IIl1no 321s S81,350 or less. mulllply S2,350 by 10101 number of exempllons clelmed on
IIno 6e. II line 321s over S61.350. see Ihe worksheet on pege 25 for Ihe omounllo enler . . . . . . .
~ Taxlblllncom.. Sublloclllno J6 from line 35. IIl1no J6ls moro then IIno 35. ..leI -0- . , . . . . .
38 Tex.Checklflrom lOOTexToble. boTexRoloSchedUles, coScheduloDTexWorksheel.
or dDForm 8615 (seo pogo 25). M10unl from Form(s) 8814 ~ a
39 Addillonol texe. (see PO 25). Checl<1f 'rom a 0 Form 4970 b 0 Form 4972 .,.,.
40 Addllne.380nd39 ..,.....,..,.,........ ...,......,.,. ~
41 Crodll lor child end depondenl cero oxpense.. Alloch Form 2441 41
42 Credll for tho elde~y or the d1sebled. Allech Schedulo R , '. , .. 42
43 Foreign toxClodl. Anoch Form 1118 ..."."...... 43
44 Olhel credlls (see pogo 26). Checl<lflrom a 0 Form 3600
bDForm 8398 cO Form 8801 dDForm 44
45 Add line. 41 through 44 . , . . , . . , , . . . . . . . . , , . . . . , . . . , , , . . , . , .. 45
ole Sublloclllne 45 from IIno 40. IIl1no 451s moro thanllno 40. enlOl -0- ............., ~ ole
47 Sell-employmenl tex. Alloch Schedule SE. Also. seo IIno 25 . . . . , . , . . . . . . . . . , ., 47
ole Allernellve minimum tex. Alloch Form 6251 ..........."...".,..,..., ole
49 Recoplure lexes (see poge 26). Check Iflrom aDForm 4255 bDForm 8611 cDForm S828 49
50 Soclel secu~ty end Medlc.,e tex on Up Incomo not reported to employer. Allech Form 4137 . . . ,. 50
51 Tex on quellnedlellrement pIons, Including IRAs. II required. ollochForm5J29 . . . . ... , . .. 51
52 Advonco eOlned Incomo Cledil poymenls Irom Form W-2 . . . . . . , . . . . . . . . . . . . .. 52
6 200.
8 946.
38 7,050.
~ .
38 283.
39
40 .
28.
53 Addllnes48throu 52. This Is ourtollllu ...............,......,.,~
54 Federol Inc. lox w1thheld.llony Is hom Form(s) 1099. checJc ~ 54
55 1993 e.llmoled tex peymenls end emount applied from 1992 relum 55
M Eamed Income eredll. Allech Schedule EIC . . . . . . . . . .. M
ru M10unt peld wilh Form 4868 (extension reque.l) . . . . . . . .. ru
Me Excess soclel security. MedicO/e. end RATA tox wilhheld (see pg. 28) Ma
b Dofenal of oddlllonoll99J toxes. Mach Form 8841 ....... Mb
59 8/,~k':fy,mo:'s(...page28). aoForm2439 bDForm4136 59
311.
~
50
al
52
,,~
IIlIno 53 Is more Ihan line 60. sublleclline 60 from line 53. This Is Ihe AMDUNT YDU OWE. . . . .. 64
Eslimeled lax penally (see po e 29). Also Include on line 64 ... 85 0 . ?-';~fPdf0' W;(ft:'
Under penellles 01 perlury, I declaretholl hove exomrned Ihis relurn ond occompenylng schedules ond stelements, ond 10 Ihe best 01 my
knowledge and belle I. !hey ore Iruc. COli eel. end complete. Declorolion 01 prepolel (olher then taxpayer) Is based on olllnformol,on 01
which preparer hes ony knowledge
1 153.
Add line. 54 Ihrou h 59. The.e ere our 101., a enls......
If line 60 Is more thon IIno 53. s'Jblieclllne 53 110m line 60. This Is ",0 emount you OVERPAID .. ~
M1ountofllne61youwenlREFUNDEDTOYOU . .. . . ... .. . .. .. .. . .... .. ~
Amounl olin 61 you w,n' APPUED TO YDUR 1994 ESTIMATED TAX ~ e:I
.
842.
~ Yow ~'gn"luf('
Oftl..
YOUl' (\{"cuptllton
Contractor-Constrc
5pou!('"! ()("ClJptlllM
Sales Mana er
f.hf'(''' If Illf't1!!tPf'5 $oclnl S('{Ullly no
,('II M'r'cyed : 161-30-2600
-~lr II~"-- 25~1589114r ---
-,
j. liP code
17011
(From rentel reel eetete. royelUee, pertnerahlps, ~1ii'\93
S corporaUone. eetates. truata. REM lea. etc.) Ul:2J
O'plIIt......IIN'I......., Nlactvnenl
,.....,n.-...... ~ Allech 10 Form 104001 Form 1041. ~ Soe Instructions fOl Schedulo E (FOIm 1040). S uenc. No. 13
Nam.(.).hown on relum Your eod.1 a.curtly numb.r
Michael G. & Louann S. McCloske 171-54-5817
Income or Loss From Rental Resl Estste snd RoyslUes Note: Report Income and expense. from youl business 01
ronllng porsonal properly on Schedulo C or C-EZ (seo pege E-l). Report form renlellncomo Ollos.lrom Form 4835 on pego 2. line 39.
1 ShoW the kind and localion 01 each rentel reel estate 2 For each ,enlalleel e.tete Ves No
A Su ease-Apartment ploperty IIsledon line 1.dldyou
Mechanicsbur PA 01 your femlly use II for personel A
, purposes fOl mOle than tho
goeler of 14 deys 0110% of the
tol" deys renled el Ielrrentel B
velue during the tox ye.,? (SOB
pago E-l.)
SCHEOULE E
(Form 1040)
Supplemental Income and Loss
B
C
Income:
Pro ertles
B
c
3 Rents received
4 R Uesrecelved .........
Expenses:
5 AdverUslng . . . . . . . . . . .
6 Aula end travel (see poge E.2)
7 Cleaning end malntenonce .,
6 Commlsslons .........
9 Insurance ...........
10 Legal end other professional lees . .
11 Manegementfees ..........
12 Mortgage Interest pold to bonks.
elc. (oeepogeE.2) ....,....
13 Other Interest ............
14 Repolrs ....,..........
15 Supplies . . . . , . . . . . . . . . .
16 Taxes ...........,.
17 UIlIllIes ...............
16 Olher (list) ~
3
4
A
4 425.
......... .
5
6
7
8
9
10
11
12
13
14
15
16
17
16
19 Add lines 5 through 18 ........ 19
20 Depreciation expense Of depletion
(see poge E.2) . . . . . . . . . ... 20
21 Tolal expenses. Add lines 19 end 20 21
22 Incomo or (loss) lrom renlal real
estale or royalty properties. Subtract
line 21 I,om line 3 (renls) or line 4
(royalties). If the result IS a (loss).
see page E.210 Ilnd oul if you
musl f,le Form 619S . . . . . . . 22 4 , 425 .
23 Deductible rental real oslale loss.
CauUon: Your renlal real eslate
loss on line 22 may be I'mlled. See
pngr.o E.3 to find oul if YC'<J mlJ5t
lile Form 8582 . . . . . .. 23 ( ), ( ) (
24 Incomo. Ann pn';1I1\.... ;-OTn\Jlll!l r,llown nn Ilnf""?? 00 not IflchJ(jp nny lo!;~e!'
25 Lossos. Add roynll)' '("~'.:'PS trom hne?2 And renlnl renl estato lo!;r,~s hO'" line 23 [nler tho 101011
lcy;<;~~. tlpfP
26 1 C~,'11 f("~~::l 1(1,1\ p.-~:.'.- -"'r~ 'r\'nil~' If'r(''1~'' n' (I(~',I"',) C{l'nt';!l" Itnf'I"', ~4 nnc1 ~5 rnl(l' !tlP f(>t;I.~I h",,, It
f'll'l~; II, HI, IV, i1l1d L' , :-'j tllll'rl\l";~ 110 f~cf [jpr'ly In ~();J. ;J:~-!' (T~'-' l',i!'i tlmn;~l~ en r (l'm H-~~'.'. 1",(< lf~
()!!H'I\""I~'f'. IIWItHjf> II-,r ;":'T1ClIHll In !t\P 1(11.11 nn 111111 t,() 11rlIJ;1m':""
,,, , re., t'."..",."oI r~......,' ,- ~..I'J"II..I'" '1"'" f,.".. 1n~nl....I,,,..llr_"'"
..., ;' 1.' ...-,,.. ..,,'
~
Wi'i.
.
~
.
}1<;f
) ~;;;/J
_2~__ _____~,_~25 '_
25 (
26 4,425.
~rhfldlll" E (form 1040) 19Q3
x
Additional Taxes Attrlbumble to Qualified
5329 Retirement Plans (Including IRAs), Annuities,
Form and Modified Endowment Contracts
0......... .11.. I......, (Undor S..lIon. 72, 4g73. 4g74 and CgaQj\ ollhalntamal Rayanu. Coda)
I~_"'''_'''_ . Attach 10 FOfm 104(1.5.. a. or.t.lnslrucllon..
Name 0' IndlVtduallubJt'cIIO addlhonallax (II married filing pnUy. see Instruchonl)
Lauann 5. McCloske
Fill In Your Address Only Home .ddre.. ("""ber.nd alreet). 01 P.O. bol,l ...,1 i. not delivered 10 your home
If You Are Filing This ...
Fonn by Itself and Not ,. ClIy.lownOl po,'oIII.e. .t.te.end ZIP code
With Your Tax Return
OMO No. 1545.0203
~@93
Allachmenl
Sequence No. 29
Your sodalucurlly numbor
173-54-4354
Api. No.
IIII-<. i. on Amended
Return. check her. . 0
II you ore subJecl to tho 10% lox on early distributions only,llOO Who
Must FUeln tho Instructions before conllnulng. You may be Dille 10
report this omount directly on Form 1040 IMlhoul flllng Form 6329.
Tax on Early Dlatributions
Complete thIs plJr/ tf a taxable dlstrlbUtton was made from your qualified retlremenl plan (Including an IRA). annullycontrecl,
or modtfted endowment contrlJd before you reached aoe 59~. Nol.: You must enter tho amount of tho distribution on tloo 16b
orl7b of Form f040 or on the a 0 late tloo of Form 4972.
1 Eerly distributions Included In gross Income. See Instrucllons ..................... 1
2 Olotrlbutlons excepted flom eddlllonol texes. See Instructions. (Enter eppr"Pl'lele No. for e><<:epllon
from Instructions. ) ................................ 2
277.
3 Amounl subJect to DddlllonollDX (subtrectllne 2 Irom line 1) . . , . . . . . , . . . . . . . . , . . .. 3
277.
Texdu8 mulllpl Ilne3 10% (.10 . Enler here and on Form 1040. line 51 ........,.... 4 28.
Tsx on Excess Contributions to Individusl Retirement Arrangements
Comple/e this plJr/ II, ellher In this yoar or In ear//er yoars. you contributed more 10 your IRA lhan Is or waS allowable end you
have on excess contribution sub eel 10 lox.
6 Excess contrlbullons for 1993 (see Instructions). Do not Include this emount on Form 1040,1100 24eo<
24b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S Eerller yeer excess contributions not previously ellmlneted (see
Instructions) ................................ 6
7 Contrlbullon cledi!. (If your actual contrlbullon for 199315 less then you,
mexlmum elloweble contribution. see Instrucllons; otherwise. enter -0-.)
7
6 1993 dlstrlbullons trom your IRAeccountlhat ore Includible In t8)(Oble
Income . . _ . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . ., 6
9 1992 tax yeer excess conlrlbu1lons (If eny) IMlhdrewn after tho due dale
(Including extensions) of your 1992lncomo tax return. end 1991 end eerller
tax year excess contributions Wlthdrewn in 1993 . . . . _ . . _ . . . .. 9
10 IIdd lines 7. 6. and 9 . . . . . . . . . . . . . . . . . . . . . . . . - . ., 10
11 Adjusted earlier year excess contllhullons (Subtrnclllno 10 from line 6. Enter the result. bul not less
then lero) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . - . . . . - . . . . . - - - - 11
12 Total exce" conlllhutlon< (add lines 5 end 11) . . . . . . . . . . . . . . . . _ _ . . . . . . . - . .. 12
13 Tax duo. (Fnlpr ltlpsmollor of G% 01 line 12 or (i% of thl:! vnllJo of your In^ on tho In~t d1!Y 011993)
"'so e'll~r lt1l5 nmotJnt on rClm 1040,lInc 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 13
HWH; For rllprrwork Rl'ducllon loci Notice, see pllgfll 01 sf'parllle Instructions.
rorm 5329 (la9~1
',';'- '.
FormS3~ 1993 Louann S. HcCloske 173-54-4354
Tax on Exceoo AccumUlol/on 'n Quoll"od Rol/romonl Piano Includ'n IRAo
14 Minimum r"'lulred dlollllJutlon (000 Inolluctlone) .........,...,....""...... 14
16 Amounloctu8llYdlotrlbuted 10 you .,...,.,.,..,..,..,....,..,.,....., 16
16 Sublloclllno 15 from llno 14.lIlIno 151s moro than IIno 14, enter .0.
................ .
16
Complele Column A (or reguler dlslrlbullons. Complele Column 8 (or lump-sum
dlslrlbutlons.
~,""""""-
Pe e 2
Column B
Lump-Sum
Dlalrlbullons
26 To)( du.. (Comblno COlumns e end b of line 25. Enter hele and on Form 1040,lIne 51 ....,. 26
Acceleration Elocl/ons soo the Instructions for Part IV
1 If you elected Ihe discretlonarymothod In 1987 or 1988 and wish to meko on oceolerolion election beginning In 1993 under Tomp.
Regs.seclion54.4981A.1Tb.12,checkhelo .,........ .~O.
If prcviousl mode on oceolerotlon election and wish to revoke thai election, check here . , . . . ~ 0 .
naturo. Comp/ele ONLY If ere fllln (his (arm b Itself ond nol with ur lox relurn.
Under p....u.e. of pe</lIY, I ded.,ethall have examined thi.form. includlllg occomp.nying .ched~es.nd .l9lemenl., ond 10 Ihe best 01 my knowledge
.nd bellel, i1lslrue. CO<reel. ond complete. Deel.,ohon 01 prepare< (olhet than tellpllye<)Is bo.ed on ell inlormelion of which preparer has .ny knowledge
~ Vour. "'lute ~ D.le
P'(lp8ff'fS .... Dale Ch<<k II seil-
s, Mlufe ,. em 10 ed....
Film's ntlm~ (or ycu'~. .... E I No ....
If Sf'Il-Pmployf"d) ,.. ZIP code ....
nnd nddff'SS
18
ToleJ emount 01 regular retirement Of lump-sum distributions
........ .
18
19 Amount excluded from oddll/onol tox (Enter opproprloto No. lor oxceptlon flom
tnstrucllons ~ ) ......".....,........... 19
20 Subtroct llno 19 from llno 16 . . . . , . . . . . . . , . , . , , . . . . , . , ., 20
21 Enter tho greater of the It1reshold lImount Of the 1993 rocoveryof the
grendlolher omounl (flom Worksheet 1 Of 2). See Instluctlons , . , . . . . .. 21
22 Excess dlstllbutlons. (Subtrect llno 21 from line 20. If less than zero, enter .0..) 22
23 Tentotlvetox.(MultlP/yllno22byI5%(.I5)) ',....,..."..,... 23
24 Eerly distributions lox offset See Instructions .....,..,........ 24
2Ii Subtrllct llno 241rom line 23
......................... .
2Ii
PI.ooe
Sign
Hero
Pold
Propoler'
Us. Only
Prttp8,e(s social Security no
! H896
.',"
-~.... .,""
(Form 1040A or 1040)
E8med In com, Credit
\.Ift'WS NO. 1l>':HRJ/4
~@93
Atlachment 43
S uenca No.
Your soclsl ucurlly numbtl
171-54-5817
Want the IRS to figure the credit for you? Just fill In this page. We'll do the rest.
~"Ifw'''''''''
,,.,.,,., n.w,.,. ItMot
Nam'(I) lhown on "fl..."
Michael G. &
Gonerallntormatlon
~ Attach 10 Form 1040A 011040.
~ 500 In.tructton. fa Schodu1a EIC.
Louann S. McCloske
To laka f e You muet hove Wllfked ond Olllned leas than $23,050, and
this credll 0 Your odjusled gross Incomo (Fam 1040A,ttno 16, a Form 1040,1100 31) muel 00 laes thon $23,050, end
o Your filing slotus con 00 ony stotus excepl morrled filing 0 soperolo rolurn, and
· You muel hove ot loost ono qualifying child (GOO boxos OOlow) , end
· You cennol 00 0 quoJllylng child yoursolf,
A quail tying ~
child 10 0 r
child who: .J
Do you have
elleeelone
quellryfng child?
'S your:
son
doughier
lldopled child
grandchild
stepchild
01
fosler child
was (allhe end of 1993);
undol ego 19
01
under ogo 24 end e full-limo
student
01
any ege end permenenUy
and toleJly d1sebled
who:
r
A
N
o
r
A
N
o
lived w1lh you
In 1110 U.S.
fOl
mOlell1an heir of 1993'
(01 ell of 1993 Ir a foster
child')
'If Ihe child d1dn'llIve wllh you
fOlll1o fequlred limo (fOl
exemp/o, wes born In 1993),
s.. 1110 ExcepUon on pogo 64
(1040A) 01 pega EIC-2 (1040),
No ~
Y.s ~
(.) If child Wll$ bom
b.fOl. 1m, enter
lI1e chlld's soclol
securHy number
gl Numb..
of months
child Irved
WIth you
inlheU.S.
in 1993
If mOlelhon Iwo qualllymg c""dre.. .ee page 65
(I04OA) or page EIC.2 (1040).
Breanna McCloske
(f) Child's
relelronshlp 10 you
"Of ..empie, son,
grendchlld, olc.)
1993
179-74-6523
12
1 (e) Child's name (I",I.,rulrel. end Ie,t nome
19
Cllutlon: If a child you IIsled lJ/>ove WlJS born In 1993 and you chose to claIm the credll or exclusion lor child core expenses
torthls child on 5checule 2 (Form 1040A) or Form 2441 (Form 1040),checkhere ................, ~ 0
00 you wenl Ye. Iil. Fill In line. 2 ond 3; and enter tho amount from Iil.
tho IRS to ,.. Form 1040A, fino 16, or Form 1040,1100 31, hero. ,.. $
Ilguro tho Iil.
crodlt lor you? No,.. Go 10 page 2 now.
Othor Information
2
Elller any nontaxonlo oarned ,"como ("~~~JJ-;;~~ fi5 (l040A) or JJllgo EIC.2 (1040)) suCh 05
mIlitary flcu51ng il'ltl f,IJt)~I!;~"-' (l 01 r.Orltrlt)tlt'on~ to n 1101 (k) plnn. AlfiO, 1151 type And amount
hf\rp ....
3 Enter HIP h~lalllm{)l;nl YI'lJ ", : ill lUH31-o;tl(!f1I1H--If1~ur-nflc~ttl~1 ~~~;e-d-~t IOn;! o~.en____-
_q~l~hfymg ("tlll(1 ~(>,. jw.lrw' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
J s '-- u, ~--~---------~---~~-
1 Attnc:h tfll!1 !1choclulo to your roturn.
a ~. If filing Form 1040A, print -He. on Itl,.. Iln~ nr):l to Iln~ 28c.
J" · It fIIlno rorm 1040, prlnl -nc. (1n 1t1l'" rlr"1Uron Iln" n,...,.1 In linn r-f-
" you 'oI,,'ltnt
tlu.ms to
('fluro tho
crf'l(flt tor YOII
"U'.' I
~i;.'::;;j
x;' I
"':'''j
-~ ~ ---
....uur~~- . .... .-.-- -
" Enl... thIIemounllrom line 7 of Fnrm l040A or Fnrm 1040. II you r_vec:llllllxallle achoIOIehlp
nr (ellowehlp grent, Illl6ln.tructlon. . , . , . . . . . , . . . . . . . . . , . , , . . . . . . , . , .
II Enler lIny nontexebl. earned Income (aoo pogo 65 (1040A) or pogo EIC.2 (1040)) ouch 09 mllllory
:"slng end oubslotonco or con~lbullons 10 n 401(k) plnn.lIIso,lIsl typo and amount horo. ~
II
8 Form 1040 Fllere Only: II you worn ftClf.employcd or uscd Sch. C or C.EZ os a sllltutory
employoo, entor the amount from Ihe worksheet on pogo EIC.3 ,..,., . , . , . . . . . , , . . .. 8
7 Earnod Incomo. Add 11000 4, 5, end 6. II $23,050 or moro, you cennot toko the credit. Entor
'NO' next tollno 2Scof Form 1040A(or II no 56 of Form 1(40) .,....,..,.............
8 Use IIn. 7 ebovolo find your credit In TABLE A on pogos S9 end 70
(1040A)orpog09El~end6(1040).Enlorhoro , . . . . . . . , ..... 8 726.
9 Adluetod groeolncomo. Entor tho omount from Form 1040A,IIno 16, or Form 1040,1100 31 ..,...
13 lollno 9 ebovo 512,200 or moro?
YES. Usollno 910 find your credltln TABLE B on pogo 71 (1040A)
or pogo E1c.6 (1040). Enter horo . . . . . . . . . . . . . . .
NO. Go to line 14.
14 . If you onswered 'YES' to line 13, enter tho emellor o( IIno 12
or line 13.
. If you enswered 'NO' to line 13, enler the emount from IIno 12.
16 Enler the lotelomount you paid In 1993 for heellh Insurance Ihat
covered et least one quellfylng child. See Instrucllons ,.,...
-,,'J..;:-',:.
3 944.
3,944.
15 146.
726.
16 Hoollh Insuroncocrodll. Enler the smeller of line 140rllne 15 .,.......".........
Figure Your Extra Credit for Child Born in 1993
Toke Ihls credil only If you did not take the credil or exclusion for child care expensas on Schodulo 2 or Form 2441 for 1M
same child.
You can toke both Ihe beslc crodlt and the extre crodlt lor ur child born In 1993
17 Use IIno 7 above to find your crPd,lln TABLE C on page 72 (1040A)
or page EIC.7 (1040). Enter her" ...................
10 10 IIno 9 '12,200 or moro?
YES. Use IIno 9 10 find your credllln TABLE A on pages 69 end 70
(1040A) or pagos EI~ end 6 (1040). Entor hore ..".., 10 1,047.
NO. Go to line 11.
11 Beslc crodlt:
. II you answered 'YES' to line 10, enler the emellor of line 6 or IInolD. }..............
. If you answered 'NO' to line 10, enter the amount from IIno e.
Noxt: To toke tho health Insuronco credit, fill In lines 12.16. To take the extrll credll for a child
born In 1993, filllnllncs 17.19. Otherwise. go to line 20 now.
Fi ure Your Health Insurance Credit
12 Uoe IIno 7 obovolo find your credltln TABLE B on pege71 (1040A)
or page Elc.6 (1040). Entor here .........,......,....
17
196..
~%~
~
I
283._
/;;,}(~
:,:'V:;:
'//;;<</
?:((;},
18 Is IIno 9 ebove $12,200 or moro?
YES. Usellno 9 to find your crcarlln TABLE C on page 72 (1040A)
orragcEIC.7(1040).Er.:crhero . . . . . . . . . . . . . . .
NO. Go to Ilnr 19
19 Extre crodit for child born In 1993:
. If \-'flU P.'1~W(H"'r' .vrs. to 'Ir',:-. ~ F. (l1l!Pf 111('1 smoller of l;(l(l 11 or Itn~ 10
. If au nnS.......Crc(1 "NO" to lmc . E, cllter ltlC mnounll/Urtl lmc 17.
Figure Your Totol Earned Income Credit
20 ^~~j-rtr1'~~--'-~. ~~,~:~- if1-'i:-;~~:;'i(~1;t;r;~!,~:i-~;lf-:{~7~~'-1~\.i()^~I~ne ?Ac (or en fOlm jo~n~------'-r- --'r--
_":,p!r,)~'_ .~~, )' ,,' totnlenrr.ecJ_income cred,t ....... .'__' . HC__' '. :_~:_' __ _ . ~ I 20 , 922.
IiIiI Do \,(~IJ \'-,'.In! 111('1 (lIVflf">.: lnrprnr> n(l(1:t l1f1(1"d tn yow t,1kp. tlOrn(l f'l:lY In 1f.Q,17 Tn !'(l(l tl yc,: C.1,:ll1y. 9(lt Form V/-5 lrom yow
, "" '. .' ,1-, ...," ,_ . .. " 'r:" .,1 . 1,"'- ll"f) '1(-: ~I'
~~&;
~:k
*//.j
~
1S
19
196.
,.. ..
. .....
-----------------------------------------------------------------------------
. --Wn:K1:tt1II'lUfr'O'C"WIUJiij"-'-..
-----------------------------------------------------------------------------
Michael G. & Louann S. McCloskey
171-54-5817
------------- Taxes withheld ----------------
Gross Hedi-
Employer Name TIS wages Federal 5.S. care State Local
Compuadd, Inc. S 3,944. 176. 245. 57. 128.
--------- --------- -------- -------- -------- --------
Totals:
Form 1040, line 7 3,944 . 176. 245. 57. 128.
eaaa=_aa= _aaaaaaaa a_e_aa_a acraa_a_a aaaaaaCla _aaeaa==
..
. 0' I""':'~""'\J."'~"'~~~
.' ...- "'~'d~.t""""'''''''''~''~o:' .."...c[4.-tI'. '. , .
. 'R':_..!4.~ f'!'I>: ;r ..,__ ""'. , . .
'J:J.UUl:1ont r
------------------------------------------------------------------------------- .
. ~\;,.rti
Hlah.~l a. , Louann 8, HeCla.key 171-54-5617
.-------------------------------------------------------------------------------
P Gro.. Taxable Federal State Local
Payer I Pendan Pendan Withheld Withheld Withheld
Engle Print Co, P 277, 277. 55,
---------- ---------- ---------- --------- --------- I
Total..
Form 1040, line 17 277, 277. 55,
.-.-.-.--- .......-- -----.-... --....... -....-...
'1~-;'~t,"'- ~
..,~.- '-..... ..Jf\?*.....
;. '.... ,~~,,:~,'!'.
. ;'l.~' ,. . t
.,
.
I
"
"f
.f
'.
".
,',
"
-'
.'
~
-'
'I
'-~,"'r--_
. -1993''''-'( ..-.
..........v........lI. n..,..,..... . "
-------------------------------------------------------------------------------
Hiaha.l O. , Louann S, HeCla.key 171-54-5817
. . ,
-------------------------------------------------------------------------------
FEDBRAL
STATB
LOCAL
N-28......................... .
W-2Ga........................ .
1099-RIII...................... .
l099-INTa.....................
1099-DIV......................
Other withholding.............
176.
12S,
55.
TOTAL WITH HOLDINGS
-------------
-----------.-
231,
128,
.......-....
.............
--...........
"
I
,
I
:/
~
. :':~" ~
'.
......... .....,...-
r
. ~ ..
g ra....._r.....'.,..,..... '* 'a,........'........
.~:1 IS 12. TOTAl ESTIMATED PAYMENTS AHtl CREOlT (Add ''''' 12.. '2lI 1M ,1<)
.' g 13. TOTAl alEOlT FOR TAXES PAID BY PARESIOENTS TO OTHER STATES OR rou;;tni'es'"
From eftached PA~.(d G; PA~' Rt(-1 uoCl'ter eo.1denCt of till c1Ie fr'IOIherllllt 13
I i 14. TAXFOAGlVEfESSCL.AlMEDPASCftiM.ESP. ComPftePAGdMdl.HSP" hSPWorbhMt ,.. 14
~ ,..... Dependents Oelmedon PA GctleOIe SP; ,4b. Delmetlr, Total Eligibility ll'IeOme tfom Kne
Go 11 oflhe SPWorbheet; '.e. OelmMl"lotefSuppoI1lnctlmelrorn SIep2011lt SPWorUheel
15. EMPlOYMENT INCENTrvE PAVJ,tENTS CREon. From enached PA s~tfd W . . 15
16. TOTAl PAYMENTS AND cnEDlTS (Add lines ", 12d. 13. 14,.,d 15) 16
tz. TrM.DUECIUI'IUC'lJM("'flOlIIUN(I.lIlNltCKcas'AtAlll10',t,0('M""Ir'I~fIIO'(lfA 11
~~'e. OVERPAYNEKT(SutltraetUnel0homUne16) .. ..,' ." __, 18 ()cdHCheckYou-Meth
~~::: =:~~: ::::~~~~~~~'';YOOiit'''~St''MiEtiio..!WrS corr "';~:~:.::::~... ::
...~ 19c. Arn<ml of U-,e t8 10 be OONAIEO to the WILD nESOUACE CONSERVAT~ rUNO"':.::::::.:.:' WST EquallJne UI. 19c
,ad. AmounIof lJM t8 lobe OOHATEOtotheU.S. OlYMPIC COMMITTEE. PA, [JV'ISIOH 19d
""'" ,..-...,.....,.1.-...........-.... ..............-..,... ........_..........11I........,.............. .....11-.................
....................,,-'*"
~.l.....
HcCloske
HomeAddl'ft.
477D Brisn Road
0tJ0l' Posl Ofb
Hechanicsbur
C\edc hit, " thtIts , dltngl oe
Iddt.. Irom &III rltum.
SCUOOl OrslRlCI NMtE .............~.I.... GClIOCllCOOE........'.....
cumberland Valle 21160
'I. GAOSSCOMPENSAllOH w.;ft.....,.."".ttc. NtadlForml.)W.2 .. ,.
'b. UWIMJURSEOEMPtOYEBUSN:SSEXJ'ENSE8. ....,..........."" 'b
'c. NET PA TAXABLfCOMPENSATtON. ~nne 'b from line ,.
2. TAXAIllEINTEREST.F"",,_PA_IA
~ 3. TAXAIllEllMOENIlS.F,om_PA_IB
~ :~ ~~,,=~~~~:=:.;c:E6sKiij'OOFAAM~:'"''''''''''
I ::: ~~~~=:',~~iif"T~i<..;;;.;':'::;~'::'..:'::':"'b.o.
i 5. PA GAIN OR (lOSS) FROM THE SALE. EXCHANGE OR OlSPOSITION Of POOPERTY:
51. F,omollIdlldPA_oll)Oond/OIPASdIeGllI(I) 0'1 51
5b. Ffomtftec:hedPAScI\eClAe(.)RK-' ............!ib
3 5c. Fl'Cltn Itteched S<nec1A. PA.1S~. u.'Oi'~.p.,~'~j~""."""'!ic
i ~:~::LE~=~~~~::.';:~::c:.~A~9o.::.......................... 50
9 e. NET TAXHlLEPA INCOME OR NET (LOSS)l"ROM RENTS. ROYAl.TtE8:PAIENiSN<iJCOPiiliGHia
I: From _ PAGchlcUl(l) E ond/OI_ol.) RK" ...........0... ............0.... 0. 0
oc 7. TRUST1NCOME.FfomItllehedPAScheclAeJ 7
... fl. GAMBUNGANOlOTlERYWlNHINGS. Atlac:h.~~'<<'~~u~';.;;'~'~'~Oi~)"""" fI
O. PENNSYlyANtA IAXMlElNCOME. Md....,t. 2. 3,4e. $t.8, 7nl. DOIClI"'''''llDt.U':'::::"
~,.. TAXUAIlIU1Y-UlIOfUNES W' UIloS .ClII .0...............1.
11. TOTAlPAINCOME TAXESWlTIO'ELO. FfOllI........,FOIm(IIW'2 '0. 11
PA ESTIMATED TAX PAYMENTS: '2a. OedIIIO'l1'992 At"'" .
, O-Y..-
. It'"
'"
-
-
YOUR 6OC1AL 6ECUf111 Y MJt.tiER
171-54-5S17
SPOUSE'S 60ClAL S[CUIUlY NUr.effi
173-54-4354
H. G.
flrtl MIM. nW & .pout'"
'HcCloske L. S,
l<>Codf
PA 17055
QAYIlME IELff"liONE NOhIlER
Btal.
~
',".
':-.
.-
"lI
.,
.'
Sign.
here
..-
X
. X
,rMO.'./IfJOn
11 A 1US: QIeca CIne
00_
JD.................
r.CJ--.._
I OO.....CWa..'''''''-
DD~'''''""
OCCUPA,1tOH:
--
':' "',: ;.'~.'.
" t.~
,
,
.'
Contractor-Co
-,
0-110-- Sales Mana er
RESIDENCY STATUS: IChd.OiJ tf A Part.Y'" Rnldtnll
P ,.....,... ....
HAllE/ADDRESS lAIlEL 0P1'I0H
O or-I.......................--'f..............----
-~~....
OfFtClAL USE
-
-.
Ie
2
3
P*.. Ut. YN Coned
8choal D,Rt Cod.
Ie
_~ol _C [3
SchoF
BctoAK-l
TN. RAm.... e. 1lcM0
A<<I Q'\Q Btib'. 6d-. O. ,
""... ,...
PA."
NOIIiCl.WIUlW.UI". 5d
IlcME a
IlcMJ
6Hnlt\lctlOl'llFor
CIIJn*"Q~'olO'"
SignYOI.IRft\tn
SchoO
III
lib
lie
IlcMW
'.
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.'
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A
8
C
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,
SCHEOUU! SP
PA DEPNUMENI Of REVENUE
" -..-........-.,,..-.
_.._ue'flo,.."PA-4OAr.r__"",.
_..111'11. W.........
. " -''If'oo''-'''' ..-"
SCHEDULEUE.2 .,. '",.', ,
PA Ot'PARTMENT Of RMHUe
--..-
171-54-5817
...............bIIIPA.<tOR
Michael G, , Louann S,
-..,..-
_.T"_No
...o.teripbon~WI'Idl~.w..Ina.n"
PART A: UMOH DUES (HIm. Met ImClt.ftJ
PARTIIl:WORKClOTHESAHOUHZFORMS., .....OOl'dltIotlof
PART C: SMALL TOOlS AND SUPPUES td InIInd not
PART 0: PROfESSIONAl UCEHSE rEE MALPRACT1CE INSURANCE' nDrury DOHD PROIUWS ..
TOTAl EXPEHSES Of PARTS A THROUGH D. (REPORT ON UHE 1b of PA-40R)
P a 8X ro onl
1~~LEI~~Nrl
A 1. AI.you.dtpfnd....pous.ottMd1 ... ...._....... ... 4.
2. hlyoudulled...dfC*'dInllOflt'OlllpOl;l.',BchedultSM 0,.00-
3. h'J'OU'*'adlirMd...dtpend_cHdtofftd"'I"~~:;'" 0,-00... 5.
. II'ItW6'td-Vn..., tJom, <<201'301'4, DONOr fR.EASClEDULESP. e.
focal,., cftpendtnld'ildt..."fMllfy
Ute below.. .... ...-.ItItdtodUol. DONOr lNCUICIEYDURSaf.
llEPENlENT'8/WE ~
Iftf N4...... lilt
.,
uo
, B I.
,
.
h.,.,.....l\.Idtnl~du...d...
~InIOl'1aroflatau,"""'t................. 0,.00...
...,w...IpOUf....8ctle:tIA.SP1......0,.00...
~ .~~? - ...
I
<
-...
ABATIONSNIl'
_..CNdJ
au er
M IftIeNd on . I. IhMt
llOCW. &a:\JRllY NUtotlER
Breannll
c
08 e
EnI"""'"",,,,,,, t411ofP~t...._ofdop_"".._.._ .................................
2. ToIIloa.e._komIlntC1ofSPW.....heet
0"""'1 6 500,
S
01
277.
co..UMNA
ClNl.Wfn INCOME
COlUMN 0
SPOUSFSINCOME
c
t. TOTAl. TAXAlllE INCOMEFROM UNU Of FORM PA-<OR t
2. NOfflAXAllLE INTEREST, OMOENOS AIfllGAlNS CW.......i.H;;Oii2j..::::::::.::: 2
3. AUMOHY/YDUR SUPPORT (wOltt...'1Ino 8'.... 83) 3
.. UFE INSURANCE AIfllINHERlTANCEPROCEEOS CW..tihMi.aMB<j.............. .
S 989,
6 776.
I~
II
7. AlL OTItER INCllJ(),AlJlE INCOME (WOIhheelllnes 87 h 89)
8. TOTAl INCOME -LINES 1 THROUGH 7 ABOVE
(Enler08lmanr, TOCal IneomeltlColtJMAlWldOl1l1ne 1<Cbof PA-,conJ
9 PfNNSYlVANIAPEnSONAt INCOME T.AX (F,om line 10 of'orrnPA-conj"
10. lESS TAAES PAID TO OHiER STATES Olne 13.10l'Tn PA-conl
e
.
'0
S
0,
8. GIFTS. AWAAOS AIfll PRIZES CWolbhoet ,..85) 8
e. NONRESIDENT INCOME (Wortshttlllne Be) .........::::::::::::::::::::::::::::::::::~::::~:~ e
o.
o
1
o.
'1
Zl~
"'''
Ii
11
12
11. SUOTRACT LINE 10 fROM LINE SAND ENTER DIFFERENCE
12. PERCfNTAGE OF fORGIVENESS (See Income T~eIOl ~m~-~~enO .
13. AMOUNT OF SPECIAl. TAX FORGIVENESS (Mc.l'pry 'no 11 bj line 12)
fntefhe'e flndonUIM1ClolPA-40R
13
I
I.'
','
I
"~'I.mU"
. -'~"'~~'-;~S ',... ----:--~-
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...... "
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_AA......,INI/ COMMOHWEAl.TH 01' PI!NNIlYLVAHlA .-
_IIoyoIIy, ,.... ond COpvltghl_ llCHI!IlUl.I! I!
_"....,MOI\ ......"...- PADEJ'NlTMEHTOFnEVa<UE
...........".. -' ... PA-<<lA IacW hcu1tr ......
H1chael G. , Louann S, HcC1ceke 171-54-5817
AfHT, AOYAlTY, PATENT AHOCOPYRIGNT INCOME (Nyour__..... "'_'" "'""'" 1M you ddnoI......"'y ""''''poll In '"
opetIIl(Jt,.tpOf1 ,.,,1 In coIlJM (b). Noll: It In crop .r..n. report 1n)'M'l'edJCed 10 money Of 1m eqJYllenl).
"I O<nlend Iou.... "'_ II>)T."'....... ~IT""""" ==' (.100........"
.'....,w.IhO.m.R of,..,. of"'" Ol'dtplebon (RIpUr1._.
"...._10<<>1 _-I
.,~ .
u eallo-A ar men
1. T..... ) e lOld . ... ... ... 4 425, 1
2. H.l """""' III 00..). Una 1 cd",,", (oj 0IId (e) ,... cd",,", (ll) & (.1. Enl. .uIJC"" hot. ...................... 2
3. ShIr." ,........ 0001) hom _Hpo.AIIecl1 PASd>ecl.<. 111<-1 .....h.h...h.h.h..h....h..........h....h.h.hh.h.... 3
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4770 BRIAN RO
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LOUANN McCLOSKEY, . IN THE COURT OF COMMON PLEAS
.
PLAINTIFF . CUMBERLAND COUNTY, PENNA.
.
.
.
v. . NO. 94-2362 Civil Tenn
.
.
.
MICHAEL G. MeCLOSKEY, . CIVIL ACflON - LAW
.
DEFENDANT . IN DIVORCE
.
VERIFICATION
I. Miehael G. McCloskey, Defendant, hereby verify that the facts contained in the
foregoing Pretrial Statement 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. ~4904 relating to unsworn falsification to authorities,
DATE:
\o-Y-ct5
j,{A-'~ (!dt.tl-01~\f {L:~(,
MICHAEL G. MCCLOSKE~
'~!I'i!if'
.
LOUANN McCLOSKEY, . IN THE COURT OF COMMON PLEAS
.
PLAINTIFF . CUMBERLAND COUNTY, PENNA.
.
v. . NO. 94-2362 Civil Tenn
.
.
.
MICHAEL G. McCLOSKEY, . CIVIL ACTION - LAW
.
DEFENDANT . IN DIVORCE
.
CERTIFICATE OF SERVICE
I, Denise L. Foster. Paralegal, do hereby certify that I have served 8 true and
correct copy of the Plaintifrs Pretrial Statement on the following:
E, Robert Elicker, Master
9 North Hanover Street
Carlisle, PA 17013
Mary A, Etter Dissinger, Esquire
28 North 32nd Street
Camp Hill, PA 17011
Attorney for Defendant
Method of Service:
~ First class mail
Certified mail
Other
BOS~, SNYDER, T:;NER & PICCOLA
By: "J) ('t.. ,,- I (7)) l...
Denise L. Foster, Paralegal
Charles J. Hartwell, Esquire
Supreme Court J.D, #526SS
BOSWELL, SNYDER, TINTNER & PICCOLA
315 N. Front Slreet
PO Box 74t
Harrisburg, P A 17108-1l741
(717) 236-9377
Attorneys for Defendant
LOUANN McCLOSKEY,
PLAINTIFF
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PENNA.
v.
.
.
NO. 94-2362 Civil Term
.
.
I\UCHAEL G. McCLOSKEY,
DEFENDANT
.
.
CML ACTION - LAW
IN DIVORCE
.
.
INVENTORY AND APPRAISEMENT OF
DEFENDANT MICHAEL G. McCLOSKEY
Defendant files the following inventory and appraisement of all property owned or
possessed by either party at the time this action was commenced and all property transferred
within the preceding three years.
Defendant verifies that the statements made in this inventory and appraisement are true
and correct. Defendant understands that false statements herein are made subject to the
penalties of 18 Pa.C.S, ~4909 relating to unsworn falsification to authorities,
ASSETS OF PARTIES
Defendant marks on the list below those items applicable to the case at bar and
itemizes the assets on the following pages. If an item has been appraised, a copy of the
appraisal report is attached,
( ) 1.
Real property
(x) 2.
Motor vehicles
( ) 3.
( ) 4,
(X) 5,
( ) 6,
(X) 7,
( ) 8,
( ) 9,
( ) 10,
( ) 11.
( ) 12.
( ) 13,
( ) 14,
( ) 15,
( ) 16.
( ) 17.
( ) 18.
( ) 19.
( ) 20.
,".-,~ "'P.r -...,.
Stocks, bond, securities and options
Certificates of depDsit
Checking accounts, cash
Savings accounts, moncy market and savings
certificates
Contents of safe deposit boxes
Trusts
Life Insurance policies (Indicatc face value, cash
surrender value and current beneficiaries)
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Business (list all owners, including pcrcentagc or
ownership, and officerl dircctor positions held by
a party with company)
Employment termination bcnefits - severuncc PllY,
workman's compensation claiml award
Profit sharing plans
Pensions plans (indicalc employee conlrihulion llnd
date plan vests)
Retirement plllns, Individual Rctircmcnl Accounts
Disability payments
.2-
( ) 21.
( ) 22.
( ) 23.
( ) 24,
(X ) 25.
( ) 26.
Litigation claims (Matured and unmatured)
Militaryl V.A. benefits
Educations benefits
Debts due, including loans, mortgages held
Household furnishings and personal property
(include as a total category and attach itemized
list if distribution of such assets is in
dispute).
Other
MARITAL PROPERlY
Plaintiff lists all marital property in which either or both
spouses have a legal or equitable interest individually or with
any other person as of the date this action was commenced:
NO.
I
I None.
1.
NO
2A
REAL ESTATE
DESCRIPTION
I TITLE
I
'I
1
I.~~~
I
BELD BY
AUTOMOBILES
DESCRIPTION
11985 Reliant
VALUE
1,000.00
WCATION
I Wife
TITLE
I Joint
- 3 -
>.';: -'t~' ~- ,.
STOCKS. BONDS & SECURITIES
NO
3A
DESCRIPTION LOCATION TITLE
VALUE
0,00
3,000 Shares of common stock in Husband Husband
Geary Construction Co" Inc.
CHECKING ACCOUNTS. ETC.
NO> DESCRIPTION LOCATION TITLE VALUE
4A Northern Central Bank Closed Husband 0.00
Acct. No. 7200710
Checking Account
4B Commerce Bank Closed Joint 0.00
Acct, No, 0512041302 11126/93
Checking Account
4C Commerce Bank Husband 75.09
Acct No. 032039190
4D Commerce Bank Closed Husband 0,00
Acct. No, 512052093 5/1/92
CONTENTS OF SAFElY DEPOSIT BOX
NO
5A
I TITLE
VALUE
0,00
DESCRIPTION
LOCATION
Birth Certificate, Divorce
Papers
Commerce Bank
Hampden Center
Mechanicsburg
Husband
- 4 -
BUSINESS
NO DESCRIPTION LOCATION TI1LE
VALUE
0.00
6A Geary Construction Co., 812 Camp Hill Mall, Husband
Inc, Camp Hill, PA
PENSIONS
None,
RETIREMENT PLANS. I.R.A'S. 4OHK)'S
None.
PERSONAL PROPERlY
NO. .' I DESCRIPTION I LOCATION I TI1LE vALUE
7A Furnishings Wife Husband 1000,00
7B Clothing Husband Husband 50.00
7C Jewelry Husband Husband 100,00
70 VCR Wife Joint 230,00
7E Bed Wife Joint 450.00
7F (2) Dressers Wife Joint 1,500.00
7G Etagere Wife Joint 20,00
7H Rocking Chair Wife Joint 100.00
71 Jewelry Wife Wife 8,000.00
- 5 -
NON-MARITAL PROPERlY
NO. DESCRIPTION REASON FOR VALUE
EXCLUSION
SA Revereware acquired before 200.00
marriage
SB Oil Fyer " .. 50,00
SC Brass Clock " " 50.00
SO Television .. . 325.00
SE Television " .. 450.00
SF Silverwarel dishes " .. 100.00
SG Small Appliances " " 100.00
SH Couch & Loveseat " .. I,Soo.oo
SI Antique Sewing Stand .. " 500,00
8J Books " " 50.00
SK Blankets " " 50.00
SL 19S7 Nissan Standard Truck . " 2,SOO.00
SL Business identified above Post-marital agreement 0,00
LIABILmES OF PARTIES
Defendant marks on the list below those items applicable to the case at bar and
itemizes the liabilities on the following pages:
- 6-
SECURED
( ) 1. Mortgages
( ) 2, Judgments
() 3, Liens
( ) 4, Other secured liabilities
UNSECURED
( ) 5, Credit card balances
( ) 6, Purchases
( ) 7, Loan payments
( ) 8, Notes payable
( ) 9, Other unsecured liabilities
CONTINGENT OR DEFERRED
( ) 10, Contracts or Agreements
( ) 11. Promissory notes
( ) 12, Lawsuits
( ) 13. Options
( ) 14, Taxes
( ) 15, Other contingent or deferred liabilities
- 7 -
REAL ESTATE MORTGAGES
None,
SECURED LIABILITIES
None,
UNSECURED LIABILITIES
None.
BOSWELL, SNYDER, TINTNER & PICCOLA
BY:
/. 1/,;;
~/., /~
Char~es J. Hartwell, Esquire
Attorney for Defendant
DATE: October ~ ' 1995
- 8 -
v.
NO. 94-2362 Civil Tenn
LOUANN McCLOSKEY,
PLAINTIFF
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PENNA.
MICHAEL G. McCLOSKEY,
DEFENDANT
CML AcnON . LAW
IN DIVORCE
VERIFICATION
I, MICHAEL G McCLOSKEY. the Defendant in the above divorce proceeding state
that upon personal knowledge or information and belief that the averments set forth in the
within pleading are true, I understand that false statements herein are made subject to the
penalties of IS Pa. C.s,A. ~4904 relating to unsworn falsification to authorities,
\~rt((J(G~
" ~ MICHAEL G. McCLOSKE
DATE: IO.L/_qj
LOUANN McCLOSKEY, . IN TIlE COURT OF COMMON PLEAS
.
PLAINTIFF CUMBERLAND COUNlY, PENNA.
.
.
v. . NO. 94-2362 Civil Ternl
.
.
.
MICHAEL G. McCLOSKEY, . CIVIL ACTION - LAW
.
DEFENDANT . IN DIVORCE
.
CERTIFICATE OF SERVICE
I, Charles J. Hartwell. Esquire, attorney for the above-named Defendant, hereby certify
that I have served a true and correct copy of the foregoing docllment by first class mall,
postage pre-paid upon the following persons, addressed as follows:
E, Robert Elicker, Master
9 North Hanover Street
Carlisle, PA 17013
Mary A, Etter Dissinger, Esquire
28 North 32nd Street
Camp Hill, PA 17011
Attorney for Defendant
BOSWELL, SNYDER, TINTNER & PICCOLA
By:
Charles J, Hartwell
DATE: k, +1)
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LOUANN McCLOSKEY, . IN THE COURT OF COMMON PLEAS
.
PLAINTIFF . CUMBERLAND COUNlY, PENNA.
.
.
.
v. . NO. 94-2362 Civil Tenn
.
.
.
MICHAEL G. McCLOSKEY, : CML ACTION - LAW
DEFENDANT . IN DIVORCE
.
ORDER APPOINTING MASTER
.. AND NOW, this /" L\ ,tt day of L'--d' . 1995,
t.: . ~~() {~t.,-.J r-L ,d, -e,", Esquire, is appointed Master with respect to the claim
of equitable distribution.
BY T. E COURT:
~
~
V" ..'.,
....' -
55. HJ 60 I [1\ lOr
m:\ bome\ cjh \ family\ cumbmasl.app
Cbarles J, Hartwell, Esquire
Supreme Court l.D. #S26S5
BOSWELL, SNYDER, TlNTNER & PICCOLA
315 North Front Streel
PO Box 74t
Harrisburg, PA 17108.()74t
(717) 236-9377
Allorneys for Defendant
LOUANN McCLOSKEY,
PLAINTIFF
.
.
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PENNA.
NO. 94-2362 Civil Term
.
.
v.
.
.
.
.
MICHAEL G. McCLOSKEY,
DEFENDANT
.
.
CML ACllON - LAW
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
PURSUANT TO PA. R.C.P. 1920.74
Defendant moves the Court to appoint a Master with respect to the following claims:
Divorce
Annulment
_ Alimony
_ Alimony Pendente Lite
Review of
.x.. Distribution
Counsel Fees
_ Costs and Expenses
_ Support
and in support of said motion states:
1, Discovery is complete as to the claims for which the appointment of a Master
is requested,
2, Plaintiff has appeared in this action by her attorney, Mary A, Dissinger,
Esquire.
3, The statutory grounds for divorce are irretrievable breakdown under 23 Pa,
c.s. A3301(c),
4, The action is contested with respect to equitable distribution, counsel fees and
alimony,
5, The action does not involve complex issues of law or fact.
6, The hearing is expected to take one (I) day,
RESPECTFULLY SUBMITTED,
BOSWELL, SNYDER, TINTNER & PICCOLA
f~ /'-~ fk !If.-
Charles J, artwell, Esquire
Date: July 7. 1995
,
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LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO, 94-2362 civil Term
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
ORDER
AND NOW, this day of , 1995, upon
Movant's Motion to Make Rule Absolute, it is hereby ordered and
I decreed that Mary A, Etter Dissinger is released as counsel for
Lou Ann McCloskey and has no further responsibility to represent
the Plaintiff in this matter.
.1
BY THE COURT:
Ii
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,
LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
v,
CIVIL ACTION - LAW
NO, 94-2362 Civil ,.Term ~
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
<
1..01
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes Mary A. Etter Dissinger, Esquire, and moves
the Court to make rule absolute on her Rule to Show Cause and
Petition to withdraw Appearance dated September 28, 1995, and
avers as follows:
1. Movant filed a Petition to withdraw Appearance with Rule to
Show Cause on September 28, 1995,
2. On September 28, 1995, the Court issued a Rule returnable
within twenty days.
3. Movant properly served Plaintiff and Defendant, through his
counsel, by First Class, United States Mail. (See Exhibit "A"
attached hereto,)
3. The twenty day period within which to respond to the Rule has
expired.
4. Neither Plaintiff nor Defendant, nor counsel for Defendant
have filed any response as of November 6, 1995, and so the Docket
indicated on November 6, 1995,
5. Based on Movant's Petition to Withdraw Appearance, Movant
should be absolved of her responsibility as counsel of record,
WHEREFORE, Movant respectfully requests that rule be made
absolute on Movant's Petition to Withdraw Appearance.
Respectfully Submitted,
Ii
I
i!
II
':
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II
;i Dated: 11(7! 7 '7
"<-n "'-'_ , O.!'~".-:;
~;~y A. Etter Dis~gei) Esquire
Attorney for Plaintiff
28 N, Thirty-second Street
Camp Hill, Pennsylvania 17011
(717)-975-2840
i
,
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'.
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I
LOUANN MCCLOSKEY,
plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 94-2362 civil Term
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
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
Rule Returnable dated September 28, 1995, upon the following, by
First Class United States mail addressed as follows:
E. Robert Elicker, II
Divorce Master
Office of Divorce Master
9 North Hanover street
Carlisle, PA 17013
Charles J, Hartwell, Esq,
Boswell, Snyder, Tintner & Piccola
315 North Front street
PO Box 741
Harrisburg, PA 17108-0741
Louann McCloskey
502-7 pine Road
Mt, Holly springs, PA 17065
.3
Date:~/JS
-:?~
~tter Dissinger, Esquire
=
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c.n
LOUANN MCCLOSKEY,
Plaintiff
IN TilE COURT Of COMMON PLEAS
Of CUMBERLAND COUNTY
Of PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO, 94-2362 civil Term
MICIIAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
'I
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i! of the foregoing Petition and Affidavit and on motion of Mary A.
I
Etter Dissinger, Esquire, the Court grants a Rule on Plaintiff, and
RULE
AND NOW, this
']..(f f/
~ day
of <'~'l;1 ., 1995, upon consideration
Charles Hartwell, Esquire, attorney for Defendant, Michael Geary
:,
',I
MCCloskey
!
Dissinger,
to show cause why the
appearance of Mary A.
Etter
Esquire, attorney for Plaintiff,
should not be
withdrawn.
Rule returnable twenty days (20) after service,
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BY THE COURT:
11.\.~ (::
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LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v,
CIVIL ACTION - LAW
NO, 94-2362 Civil Term
MICHAEL GEARY MCCLOSKEY,
Defendant
,
,
IN DIVORCE
CERTIFICATE OF SERVICE
I, Mary A, Etter Dissinger, Esquire, hereby certify that on
the date set forth below I served a true and qorrect copy of the
Motion to Make Rule Absolute dated November ~' , 1995, upon the
following, by First Class United States mail addressed as follows:
,
.,
.,
,
E. Robert Elicker, II
Divorce Master
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Charles J. Hartwell, Esq.
Boswell, Snyder, Tintner & Piccola
315 North Front Street
PO Box 741
Harrisburg, PA 17108-0741
Louann McCloskey
502-7 Pine Road
Mt, Holly Springs, PA 17065
Date:
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Mar~ Etter Dissinger, Esquire
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LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v,
CIVIL ACTION - LAW
NO. 94-2362 civil Term
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
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
Order dated November 17, 1995, upon the following, by First Class
United States mail addressed as follows:
E. Robert Elicker, II
Divorce Master
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Charles J. Hartwell, Esq.
Boswell, Snyder, Tintner & Piccola
315 North Front Street
PO Box 741
Harrisburg, PA 17108-0741
Louann McCloskey
502-7 Pine Road
Mt. Holly Springs, PA 17065
Date: // Ie;> //75
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Mary A, Etter Diss1nger, Esquire
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, LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 94-2362 civil Term
'.
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
ORDER
'i
AND NOW, this 1'1;d"dayof~I""-",..,,J4-v , 1995, upon
~
Movant's Motion to Make Rule Absolute, it is hereby ordered and
decreed that Mary A, Etter Dissinger is released as counsel for
Lou Ann McCloskey and has no further responsibility to represent
the Plaintiff in this matter,
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BY THE COURT:
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:CIVIL ACTION - LAW
~NO. q l/--;1l.<;1.CIVIL
: CUSTODY/VISITATION
19
*
LI.~I'M "'It ( lo*lintiff
V
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
ORDER OF COURT
AND NOW, this JLttJAt.lj' /'1C(S , upon consideration 'of the
attached complaint, it is hereby directed that the parties ~nd
their re:::p~ctive counsel appear before (j)c~ v-'Il S'. .i~F\~Y /;-5t:-. '
the conc~l~ator, at ?c Lv ,~, 5 (Vl('C ".!.bl<
on the -:!)c1 f ~ day of Y...."'. , 19 S , at 1.' Q:) . fI1
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.
FOR THE COURT:
By: D.~ LJ ~ I >-7 "/~(.L1.~
Custody Conciliator"tY "1'2'p;'~ I
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
'.'
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JUH 12 10 41 ~H '95
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NAY 09 1995
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IN JUN - 5 1995
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IN 'I r' f ~ ('
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. OF C
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CIV. ~
NO,
LOUANN S. McCLOSKEY,
Plaintiff
MICHAEL GEARY McCLOSKEY,
Defendant
LOUANN MCCLOSKEY,
Plaintiff
v.
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
ORDER
AND NOW this
Petition to Modify
previously appointed
day of
Custody is referred to
by this Court, Dawn Sunday,
, 1995, the within.
the Conciliator
Esquire,
The Counterclaim of Louann McCloskey to find Michael Geary
McCloskey is
The Counterclaim of Louann McCloskey for attorney's fees is
BY THE COURT:
~
J.
.\
,
MAr 09 1995
II>-'
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
LOUANN MCCLOSKEY,
Plaintiff
. IN THE COURT OF COMMON PLEAS
,
. OF CUMBERLAND COUNTY
.
OF PENNSYLVANIA
.
.
. CIVIL ACTION - LAW
.
NO, 94-2362 civil Term
: IN DIVORCE
v.
MICHAEL GEARY MCCLOSKEY,
Defendant
ORDER
AND NOW this
Petition to Modify
previously appointed
day of
custody is referred to
by this Court, Dawn Sunday,
, 1995, the within
the Conciliator
Esquire,
The Counterclaim of Louann McCloskey to find Michael Geary
McCloskey is
The Counterclaim of Louann McCloskey for attorney's fees is
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BY THE COURT:
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MAY [; 8 1995
. .
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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
LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v.
MICHAEL GEARY MCCLOSKEY,
CIVIL ACTION - LAW
NO. 94-2362 civil Term
Defendant
IN DIVORCE
NOT ICE
o E FEN D
T 0
You have been sued in court, If you wish to defend against the.
claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the
claims set forth against you, You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested
by the Plaintiff, You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Court House
Court Administrator
1 Courthouse Square
Carlisle, PA 17013-3387
717-240-620D
-:_-~
.-/.z------
Mary A. Etter Dissinger, Esquire
Attorney for Plaintiff
"
I
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
.
.
LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v,
.
,
MICHAEL GEARY MCCLOSKEY,
: CIVIL ACTION - LAW
: NO. 94-2362 civil Term
Defendant
IN DIVORCE
ANSWER TO PETITION FOR CONTEMPT
AND NOW comes Respondent, Louann McCloskey by and through her:
attorney, Mary A, Etter Dissinger who states and avers as follows:
1. Admi tted.
2, Denied, It is averred that Respondent's address is 7
pine Road, Mount Holly springs, Pennsylvania,
3, Admitted,
4. Admitted in part and denied in part, It is denied that
Brianna McCloskey's date of birth is January 23, 1993. By way of
further answer it is averred that the child's date of birth is
January 26, 1993,
5, Admitted,
6, Admitted in part and denied in part, It is admitted that
a Consolidated Complaint in Divorce was filed by Plaintiff on May
4, 1994, which included a Count for Custody. It is also admitted
that a Protection from Abuse action was filed sometime prior
thereto by Plaintiff with other counsel. It is denied the
"instant" proceedings were instituted pursuant to a claim for
Protection from Abuse, It is averred that an Order of Court was
entered on October 4, 1994 in response to a Petition for Special
Relief filed on August 23, 1994 to docket number 94-2362, the
divorce caption.
7. Admitted in part and denied in part,
a. It is denied that the Petitioner was denied:
visitation on April 13, 199A to June 21, 1994, By
way of further answer it is averred that the
Petitioner had visitation with the child on the
following dates:
i. June 6, 1994;
H. June 8, 1994;
Hi. June 12, 1994;
iv. June 15, 1994;
v, June 18, 1994;
vi. June 19, 1994;
vii. and June 22, 1994,
b. Admitted.
c, Admitted,
d, Denied, It is denied that the Petitioner was
denied visitation on August 21, 1994. By way of
further answer it is averred that Petitioner did
not visit with child on August 21, 1994 because he
was not at the designated place to pick up the
child, When Respondent saw Petitioner's truck, she
drove by it, but did not see him in it, nor near
it, Respondent waited a reasonable period of time
for Petitioner and when he did not appear, she left
'\
with the child.
e. It is denied that the Petitioner was denied
visitation on August 28, 1994, By way of further
answer it is averred that Respondent had car
trouble and paged Petitioner to advise him she
would be able to arrive by 1:30 p,m" which she
did. She waited for Petitioner until 2: 15, then
left with the child because he had not appeared,
f.
It is denied that
visitation on August
the Petitioner
31, 1995,
denied
was
g. It is denied that the Petitioner was denied
visitation on September 19, 1994. By way of:
further answer it is averred that the Petitioner
did have visitation with the child from 3:50 p,m.
to 8:00 p.m.
h, It is admitted that the Petitioner was denied
visitation on September 24, 1994, By way of
further answer it is averred that September 24,
1994 was not Petitioner's day for visitation and
that September 25, 1994 was his day for visitation.
It is also averred that the Petitioner did not show
up on September 25, 1995 to exercise said
visitation,
i. Admitted in part and denied in part. It is denied
that the Petitioner was denied visitation on the
weekend of March 24, 1995, By way of further
answer it is averred that the Petitioner was asked
to forego visitation with the child because child
was sick with a fever, It is also averred that the
Petitioner requested the visit be rescheduled to
which the Respondent agreed, but Petitioner never
I
I
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,
!
attempted to reschedule the visit.
By way of further answer, Respondent and Petitioner
dispute the dates on which Petitioner was supposed to get the child
and on which visitation was actually refused, By way of further
answer, Respondent avers that none of these dates and times of
refused visitation was subsequent to any Order of Court, other than
the date on March 24, 1995,
8. Admitted, By way of further answer it is averred that
the Order of october 4, 1994 was superseded by the Order of
December 8, 1994 which is attached hereto as "Exhibit A", By way
of further answer it is averred that the stipulation underlying
said Order of December 8, 1994 was prepared by Petitioner's
counsel. said stipulation is attached as "Exhibit B",
9, Denied, It is denied that failure to provide a
physician's report puts the Respondent in contempt of the Court
Order of December 8, 1994. By way of further answer it is averred
that the Order of October 4, 1994, upon which the Petitioner
attempts to rely, has been superseded by the Order of December 8,
1994.
10. Admitted.
11. Admitted in part and denied in part, It is admitted that
Respondent was fined by a District Justice for harassment of
Petitioner, By way of further answer it is averred that Respondent
appealed said decision and was found "not guilty" by Judge Bailey
on April 18, 1995,
12, Admitted,
13, Admitted in part and denied in part, It is admitted that
there was an oral agreement between counsel that Petitioner's
counsel should prepare a Stipulation for Respondent's review. To
the extent that the allegation of Petitioner attempts to present an
oral agreement en toto as to the matters to be stipulated to, such
is denied, It is admitted that the stipulation has not been
returned. It is further admitted that the parties have been
arranging custody in accordance, for the most part, along the lines
of the proposed agreement,
14, Admitted in part and denied in part. It is denied that
counsel for Respondent contacted counsel for Petitioner on March.
24, 1995. By way of further answer, it is averred that counsel for'
Petitioner had to deal with Respondent's counsel's staff as
Respondent's counsel was on vacation on March 24, 1995,
15, Admitted in part and denied in part, It is denied that,
counsel for Respondent contacted counsel for Petitioner on March
30, 1995. By way of further answer, it is averred that counsel for
the Petitioner had to deal with Respondent's counsel's staff as the.
Respondent's counsel was on vacation on March 30, 1995, It is
further averred that on March 31, 1995, Respondent's counsel's
staff indicated to Petitioner's counsel's staff that counsel for
the Respondent was out of town and that Respondent's counsel's
staff had been unable to contact Respondent to make her aware of
Petitioner's request,
16, Denied. It is denied that counsel for Respondent
indicated that Respondent woul~ not deliver the child until 6:00
p,m, on April 3, 1995, By way of further answer it is averred that
counsel for the Petitioner had to deal with Respondent's counsel's
staff as Respondent's counsel was on vacation on April 3, 1995.
(See letter from Petitioner's counsel to Respondent's counsel dated
April 3, 1995 wherein he states "I understand that you are out of
the office, and this correspondence is going to be dealt with by
your staff until tomorrow.") See "Exhibit e" attached hereto.
17. Admitted in part and denied in part. It is denied that
Respondent caused the child's head to snap back and that she threw
her into her car seat,
earlier return time.
It is denied Respondent agreed to an i
lB. Admitted. By way of further answer it is averred that'
Petitioner is not entitled to medical information on the child
under the Order of December B, 1994. By way of further answer it.
is averred that the Petitioner has not requested medical
information, but rather excuses or notes from the physician to
indicate the child was seen or was ill.
19. Denied, It is denied that the Respondent has refused
Petitioner access to the child by telephone while in her custody,
20. Denied, It is denied that the Respondent has willfully
disobeyed the Order of December B, 1994.
NEW MATTER
21, It is admitted that Petitioner was denied visitation on
July 1, 1994 to July 14, 1994, By way of further answer it is
averred that the Petitioner was denied visitation because the child
was sick and had a temperature of 1050 and required an emergency
prescription that was obtained outside of her physician's regular
office hours,
22, Petitioner was denied visitation on August 17, 1994, By
way of further answer it is averred that Petitioner was denied
visitation because the child was sick with a fever and suspected of
having chicken pox, although it turned out it was not chicken pox,
23, On August 31, 1995, Michael McCloskey, Petitioner herein,
called Respondent's attorney's office and left a message with the
secretary indicating that he had cancelled the Respondent's car
insurance, Respondent's counsel's secretary contacted Respondent
and advised her that the car insurance had been cancelled and that
she was not to drive her motor vehicle, Subsequently, Respondent's
"
,
,I
I.
1
counsel was able to communicate with Petitioner's counsel and,
learned that the automobile insurance was effective through
September 15, 1994. Upon learning this, Respondent's counsel
attempted to notify Respondent, but was unable to reach her.
Respondent's counsel called Respondent's mother, leaving a message
for Respondent there advising that the automobile insurance was
valid through September 15, 1994 and asking Respondent's mother to
notify Respondent if she saw her, which Respondent's mother agreed.
to do. Respondent's mother was not able to contact or see
Respondent before the prescribed visitation time on August 31,
1994. As a result of Petitioner's representations to Respondent's
counsel that he had cancelled the Respondent's car insurance, he.
created the set of circumstances that made it impossible for the
Respondent to deliver the child to him on a day agreed to for.
visitation with him.
24, It is admitted that Respondent attended one counselling
session and then refused to attend any further sessions, By way of
further answer it is averred that the Respondent did not attend any
further counselling sessions because of the harassment she received
during and after the first counselling session from Petitioner,
Counterclaim for contempt by Respondent and
Petition to Modify Custody
25. Under the Order
paragraph five (5) grants
temporary custody on Mondays
Respondent's weekend from 5:00
of Court dated December 8, 1994,
the Respondent/Counter Petitioner
following the Petitioner/counter
p.m. to 8:00 p,m,
26. The Petitioner/counter Respondent, Michael G, McCloskey
has refused to get the child on more Mondays than not and is
therefore in contempt of the Order,
!j
:1
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27,
following
The Petitioner/Counter Respondent
Mondays:
a. December 19, 1994;
got the child on the
b. December 26, 1994;
c. January 9, 1995;
d. January 23, 1995.
28. The Petitioner/Counter Respondent did not get the
, on the following Mondays:
I
child i
I
a, February 6, 1995;
b, February 20, 1995;
c, March 3, 1995;
d, March 20, 1995;
i
29. Respondent/Counter Petitioner, Louann Mccloskey never:
refused the Monday visitation until recently on April 3, 1995, when i
i
Petitioner/counter Respondent, Michael G, McCloskey refused to,
return the child at 8:00 p,m. I
30, The Petitioner/counter Respondent, Michael G, McCloskey
has told the Respondent/Counter Petitioner, Louann McCloskey that
he does not want the child on Mondays,
31. Respondent/Counter Plaintiff, Louann S, McCloskey has
been put to the expense of defending a Petition for Contempt,
seeking to find her in contempt of the Court Order of December 8,
1994, which alleges matters that might be true, be in contempt of
the Court Order of October 4, 1994, which was superseded by the
December 8, 1994 Order, which Order was entered on the basis of a
"
,
.,
stipulation prepared by Petitioner/counter Respondent's counsel,
32. Respondent/Counter Petitioner, Louann S. McCloskey has
been directed by Petitioner/Counter Respondent, Michael G.
McCloskey's attorney and by Michael G, McCloskey that she is not to
call him at his residence, but rather she is to call his beeper and
enter her telephone number so that Petitioner/Counter Respondent,
Mr. McCloskey, may return her call,
33. This arrangement or directive is not a satisfactory
arrangement for any mother, nor to Respondent/counter Petitioner,
Mrs, MCCloskey, to be in touch with her child and speak with the
child when she is in the care of Petitioner/Counter Respondent, Mr.
McCloskey. This arrangement allows Petitioner/Counter Respondent
to refuse to call Respondent/Counter Petitioner.
34, The recent Stipulation proposed by Petitioner/counter
Respondent and his counsel is satisfactory with the exception that
Respondent/Counter Petitioner does not agree that the
Petitioner/Counter Respondent, Michael G. McCloskey visit with the
child on Mondays since he has only exercised half of his Monday
visits and has told her he does not want Monday visits.
35, Since February 1, 1995 Petitioner/Counter Respondent,
Michael McCloskey, has exercised no visitation on Mondays,
complaining that he has to work on Mondays, or has other reasons
not to visit the child, with the exception that he called
Respondent/Counter Petitioner on April 14, 1995 and left a message
on recorder that he would pick up child on April 17, 1995, one day
of the entire weekend he is to have under the Order of December 8,
1994,
36, On March 13, 1995 Respondent/Counter Petitioner's counsel
received a letter from Petitioner/counter Respondent's counsel with
a request from Petitioner/Counter Respondent that
Respondent/Counter Petitioner have child's ears checked, which is
"
not required under any Order of Court.
37. On sunday, March 12, 1994, Respondent/Counter Petitioner!
attempted to check on child while child was with Petitioner/Counter'
Respondent by calling child on telephone.
38, On that date, Mrs. McCloskey was told by
Petitioner/counter Respondent that child was fine and then she was
verbally abused by Petitioner/Counter Respondent's girlfriend.
39. On that date the child was returned to Respondent/Counter
Petitioner later that evening, the child had a fever and had to be
taken to the doctor by Respondent/Counter Petitioner.
40, The Petitioner/Counter Respondent, since the first Order.
of Court in regard to a Petition for Special Relief, said Order
entered August 11, 1994, providing for visitation in the father on
Wednesdays and sundays from 6:00 p,m, to 8:00 p,m, commencing
August 14, 1994 until further Order of Court, has been violated by
the Petitioner/Counter Respondent in that on that September 12,
1994 he returned the child at 8:30 p.m, instead of 8:00 p.m.,
without excuse or apology or advanced notice to Respondent/Counter
Petitioner,
41. After the Order of December 8, 1994, the Order provided
that the Petitioner/Counter Respondent was to have visitation with
the child on alternate weekends from Saturday from 9:00 a,m, to
7:00 p,m. and alternating Sundays 9:00 a.m. to 7:00 p.m" with
every third weekend entailing overnight visits from Saturday at
9:00 a.m. through Sunday at 7:00 p.m., an visitation on Mondays
following the weekends of Respondent/Counter Petitioner's
visitation from 5:00 p,m, to 8:00 p,m. See "Exhibit D" attached
hereto, A little over a week after the date of the Order
Petitioner/counter Respondent arrived at 10:00 a,m, to pick up the
child for his saturday visit, without explanation or previous
notice to the Respondent/Counter Petitioner as to why he was or
"
,
would be one hour late.
42. On December 25, 1994, Petitioner/Counter Respondent had
agreed to return the child at 7:0D p,m. and failed to do so. He
arrived twenty (20) minutes late without an excuse or without
previous notice to the Respondent/Counter Petitioner,
43. On December 25, 1994, the Petitioner/counter Respondent
dropped off the child at a different place from that agreed to by
the parties under paragraph ten (10) of the Order of December 8,
1994. He unilaterally chose to leave her at a place other than her
residence, and Respondent/Counter Petitioner believes the purpose
was so that she would not notice that she did not have the child in
a car seat.
44, Respondent/Counter Petitioner has incurred attorney's
fees needlessly in responding to the Petition for Contempt filed by
Michael Geary McCloskey.
45, The Respondent/Counter Petitioner is unable to pay her
counsel fees,
WHEREFORE, Louann McCloskey respectfully requests the Court
to:
a, Find that she is not in contempt of the Court Order
of December 8, 1994;
b, Grant primary physical and legal custody of the
minor child to her with no visitation to Michael G.
MCCloskey;
c, Find Michael G, MCCloskey in contempt of the Court
Order of December 8, 1994;
d. Award her attorney's fees and such other relief as
may be appropriate.
Respectfully Submitted,
/<
Mary A. Etter Dissinger
Attorney for Plaintiff/Respondent
28 North 32nd street
Camp Hill, PA 17011
(717) 975-2840
'i
i
,
VERIFICATION
I, Louann McCloskey, verify that the statements made in the
foregoing Answer to Petition for Contempt, New Matter and
counterclaim for Contempt 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 falsification to authorities,
~~
Louann
'I
;
. .
DEe 0 G 199J:
. .
LOUANN S, MCCLOSKEY,
Plaintiff
IN TilE COURT OF COMMON PLEI\S
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs,
NO, 94-2362
,MICIIAEL G, MCCLOSKEY,
Defendant
CIVIL ACTION-CUSTODY
.'.
ORDER
, .'
, . '. ':., AND NOW, this St1. day of J').I'I~
review and consideration of the stipulation
, ,
..hereby ordered and decreed as follows:
1994, upon
for Custody it is
":';
1, Plaintiff' and Defendant shall have shared legal custody and
control of the minor child Breanna M, McCloskey (DOB: January 26,
1993) ,
2, . Primary physical custody of Dreanna M, McCloskey shall be with
Pl~intiff, Louann S, McCloskey,..
3, Pe~iods of.t~mpor?r~ custody of Dreanna M. MCCloskey shall be
enjoyed by the Defendant,' Michael G. McCloskey on alternate
" .
weekends, with the Defend.~t getting the child on Saturdays from
9:0D a.m. to 7:00 p.m. and the same alternating Sunday from 9;00
a.m, to 7:00 p,m.
"
.~ .
4, On every third weel{'~nd v isi t' that he Defendant has the child
(this bei'ng 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:DO p.m, to B:DD
f1
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~
,
.,
6, The parties will split the Christmas and Thanksgiving
1I0lidays, with one party having the child the day before up until
noon of the Iloliday, and the other having the child from noon of
the 1I0liday through the next day,
7. The parties will alternate the other major 1I0lidays, said
,lIolidays being: Easter, memorial Day, The Fourth of JUly, and Labor
Day,
'.'
. "
B. Defendant shall
,parties may agree,
have other times of partial custody as the
. 4..
. ,. On those days when Defendant cannot exercise partial custody
;~~e to inciement weather or other circumstances beyond his control,
,then he shall h.ve a makeup day to be exercised within fourteen
days of the originally scheduled date,
10, ~ll transportation shall be provided by Defendant with him
. picking up the child at her place of 'resi'dence and returning her to
her place of residence,
BY TilE COURT
. "
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IN THE COURT OF COMMON PLEAS OF I
CUMBERLAND COUNTY, PENNSYLVANIA!
,
I
I
,
i
LOUANN S. McCLOSKEY,
Plaintiff
MICHAEL GEARY McCLOSKEY,
Defendant
.
.
CIVIL ACTION - LAW
NO. 94-1889 CIVIL TERM
LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v,
MICHAEL GEARY MCCLOSKEY,
CIVIL ACTION - LAW
NO, 94-2362 civil Term
Defendant
IN DIVORCE
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 Answer to Petitioner
for Contempt, New Matter and Counterclaim for Contempt, 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:
-- -~ /~ "
'Ac---, ~ ~__
ary A./Etter ~~Slnger
., ;
'.
.' ,
LOUANN S. MCCLOSKEY,
, PLAINTIPP
: IN TilE COURT or COMMON PLEAS
: CUMDERLAND COUNTY, PENNA,
: NO, 94-2362
v,
MICHAEL G. MCCLOSKEY,
bErENDANT
.'
: CIVIL ACTION - CUSTODY
:',
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STIl'ULATION FOR CUSTODY
.'. '
.'.'
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'. . AND NOW comc. Plaintiff Louann McCloskcy, ("Mother'') by her counsel.
Dissinger & Dissinger. and Dcfcndant Michael G, McCloskcy ("rathcr''), by his counsel,
Boswell, Snyder, Tintner'& Piccola, and hcreby Stipulate to the following schedule of
. .' custody,. in settlemcnt Df their current custody dispute, and intending to be bound
. .: .
. ,
. .' . thercby:
.'
.1.
The parties will share legal,~ustody of the minor child, Dreanna
'.
".
'McCloskey,
2,
Mother will have primary physical custody of the minor child subject to the
following schedule of partial tustody oi!.rather's part:
, .
a, . The Pat her shall eriJoy periods of temporary custody, with the father
gelling the child alternate weekends on Saturday from 9:00 a.m, to 7:00
p,m, and the same alternaling Sunday from 9:00 a,m, to 7:00 p,m.
b. On every third weekend visit that (he Pather has thc child (this
bcing thc sixth wcekend), 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 increasc in frequency, to becomc the standard
weekend vlsilation.
(t
'v1~
~
-+
.'
,
,
3, Pat her shall have tcmporary custody on each Monday follDwlng thc
Mother's weckend of custody from 5:00 p,m. to 8:00 p,m.
, 4, Por Christmas or 1994, Mothcr shall havc custody on Christmas Eve, and
thc early part or Christmas Day. Pather shall then havc custody on Christmas day from
9:00 a:m., until 7:00 p,m. Errccllvc in 1995, thc parties will split Christmas and
TI,illlksglving llolidays, with one party having thc day bcforc up until noon of the
.', . "
.'
l!oliday, and the other hllving noon or the 1l0lldllY through the ncxt dllY,
. ,
',".
'. '
'. ",C
. ,J.
Thc partics will altcrnate thc othcr mlljor Holidays, said holidays being:
.
Eastc'r; ~cmorial Day, Thc Pourth or July, amI Labor Day,
6, . Pather shall havc othcr times of parlilll custody as Ihe partics may agree,
7, On thosc days whcn Pather cannot excrcise partial custody due 10
Inclemcnt wcathcr or othcr circumstanccs bcyond his control, thcn he shall have a
. makeup .day 10 be cxcrcised within rourtccn days of thc originally schcduled date,
",8.' All transportatiDn shall bc prDvided by thc fathcr, picking up the child at
Mother's place of residence' and rcturning the child personally to Mothcr Immediately
outsidc of Mother's place or residcnce, . "
9, Thc partics agrec t1t'at this schedulc is in thc bcst Intcrcst and weUare of
the miJ~or child, and shall lake all stellS'!1ccessary to ensure that this schcdule of custody
will bc crfectuatcd)n an amicablc and rcasonable manner. Neither party shall disparage
the other in the presence or thc child, or allow such disparagement by others,
~'f~,; ~<(~" -
,
10, Thc parties agree thntthis Stipulation shall be presented to the Court, and
mutually requcst that the tcrms hcrcor be cntcred as a binding Order of Court.
WITNESS:
~
/ /1] I/! \ 11/ C....... '
,/ (, ,'t/JoUUU J -' 0
Louann McCloskcy
,.
'- . ~. )..1."-,,.
Mary A" Dissinger, Esquirc
" i I
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. .
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Michael 0, McCloskcy
. ,','
.' ,
.' '.
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WilLIAM 0 DO!loWtLl
DONN L SNYDtR
ltOUARD mnU[R
JnrRCY t PICCOLA
JEnnEY R DOSW[ll
HAIQID 0 AtronD
MAnK R PAnTH[M[R
CHARLes J UARfWtLl
17171138.11377
'AX 17171138.0318
BOSWELL, SNYDER, TINTNER & PICCOLA
COUNSElons AT lAW
}., NORTII FAOIlT SlUEl
P.O. Dux HI
IIAUUBUAG, PA 17108.0HI
RICHARD n WICKcnSHAM
or COUNSEL
April 3, 1995
Mary Dissinger, Esquire
28 N, 32nd Street
Camp II ill , PA 17011
RE: McCloskey v. McCloskey
[
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Dear Attorney Dissingcr:
I understand that you are Dut Df thc office, and this correspondence is going to be
dcalt with by your staff until tomorrow. As noted by prior corrcspondence, Mr.
McCloskey wanted to pick up his daughtcr onc hour early today. Your client apparently
made herself unavailable, and we were informcd 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 providc Brianna an hour carly, but that she intends to
be an hour late with nrianna because or a claim that shc 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 timcly fashion to be a
direct and deliberate violation of thc Order of Court.
Additionally, to the extent thaI YDur client refuscs to provide Brianna In a timcly
fashion, I have instrucled Mr, McCloskey to kecp her an additional time this evening to
compensate. Thus, if he can only piek up Brianna an hour latc, he will be returning her
an hour late.
Frankly, thc 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~CerelY'1
. . A1j....
'- . 'to
chiulcs { Hartwell
CJHI dlf
cc: Michacl McCloskey
sent via "il:: to 975-3924
J
DEe 0611-
I
LOUANN S, MCCLOSKEY,
Plaintiff
IN TilE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
.IT
d:~
t..t::,.....
J:'~;
vs,
NO, 94-2362
,MICIIAEL G, MCCLOSKEY,
Defendant
CIVIL ACTION-CUSTODY
,\
ORDER
. .'
'.., AND NOW, this 3-tJ... day of J').N~
review and consideration of the Stipulation
, .
:hereby ordered and decreed as follows:
for
1994, upon
Custody it is
. 4,.
,". ','.
1, PlaintifC' and Defendant shall have shared legal custody and
control of the minor child Breanna M, McCloskey (DOB: January 26,
1993) ,
2, "primary physical custody of Breanna M, McCloskey shall be with
Pl~intiff, Louann S, McCloskey,..
. ,
3, Periods of.tempor?ry custody of Breanna M. McCloskey shall be
enjoyed by the Defendant, Michael G. McCloskey on alternate
'. '
weekends, with the Defend.nt getting the child on Saturdays from
9:DO a,m, to 7:DD p.m, and the same alternating Sunday from 9;OD
a.m, to 7:00 p.m.
"
,"
4, On every third' week'~nd visit' that he Defendant has the child
(this befng the sixth weekend), the hours of visitation shall be
Saturday from 9:DO a.m. through Sunday at 7:0D p,m.
5. Defendant shall have temporary custody
f~llowing the Plaintiff's weekend of custody from
p.rn,
on each Monday
5:00 p,rn. to 8:0D
.
. .
.-.
6. The parties will split the Christmas and Thanksgiving
Holidays, with one party having the child the day before up until
. noon of the Holiday, and the other having the child from noon of
the Holiday through the next day,
7. The parties will alternate the other major HOlidays, said
,Holidays being: Easter, memorial Day, The Fourth of July, and Labor
Day,
,.
.'.
8, Defendant shall
:parties may agree,
have other times of partial custody as the
.' . .'
.. '.
'..
.9, On those days when Defendant cannot exercise partial custody
;~ue to inciement 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.
ID. &11 transportation shall be provided by Defendant with him
. pick~ng up the child at her place of resitlence and returning her to
her place of residence,
. .
BY TilE COURT
"
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LOU ANN S, MCCLOSKEY,
PLAINTlFFI RESPONDENT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA,
v,
I",J
NO. 94-1889 CIVIL TERM {.,-j-
1'1 _/:'.:,.;_ "." f ,~../<:;..\
MICHAEL GEARY MCCLOSKEY, : NO. 4aH91'.'U: 1994
DEFENOANTI PETITIONER
NOTICE AND ORDER TO APPEAR
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 .f"L?f~&e ;'1, /,!!~" in
1L /
Courtroom TF I , at the Cumberland County Courthouse, I 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:
(".~lLI'- (~i I.
.\J~(,
Judge "
DATE:
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m:\l:jh\r.mUy\mctIOKOn.p.t Drln III Au,ult 23, 1994
Charles J, Hartwell, Esquire
Supreme Court 1.0, #52655
BOSWELL, SNYDER, TINTNER & PICCOLA
315 N, Front Street
PO Box 741
Harrisburg, PA 17108.()741
(717) 236-9377
Attorneys for Defendant
LOU ANN S. MCCLOSKEY, IN THE COURT OF COMMON PLEAS
PLAINTIFF/RESPONOENT CUMBERLAND COUNTY. PENNA,
v, NO, 94-1889 CIVIL TERM
MICHAEL GEARY MCCLOSKEY, : NO, 19';' €lIVIL" 1994
OEFENOANTI PETITIONER
Defendant, Michael Geary McCloskey, by his attorneys, Charles J. Hartwell,
Esquire, Boswell, Snyder. Tintner & Piccola. respectfully petitions this Court to hold
--.-..
-----'-..'\.
~fendan.tjJr Contempt for violation of a Court Order, dated August 11, 1994, pursuant
----
to Pa, R,C'p, No, 1915.12 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,
1
4, During their marriage, petitioner and respondent had a child: Breanna M,
McCloskey, born January 23, 1993,
5. Petitioner and Respondent are currently undergoing a divorce proceeding
in Cumberland County, No, 94-2362 Civil term.
6, On August II, 1994, a hearing on the Motion of Michael McCloskey for
Emergency Relief in the form of Temporary Order of Physical Custody was held befor
the Honorable Harold E, Sheely,
7, At that hearing, Judge Sheely issued an Order granting Michael McCloskey
visitation with his daughter on Wednesday evenings from 6:00 p,m, until 8:00 p,m, and
on Sundays from 1:00 p.m, until 9:00 p,m, Respondent was to bring the child to
Petitioner at the Hardee's Restaurant in Carlisle, Pennsylvania,
8, Respondent contacted Petitioner's attorney during the late afternoon on
Wednesday. August 17. 1994, and informed him that the child had contracted the
chicken-pox virus and that she would not bring the child to Petitioner for his visit,
Petitioner's counsel inquired as to whether or not she has taken the child to a physician
for diagnosis and Respondent informed him that she did not and did not plan to take the
child to the doctor,
9, On August 21,1994, Respondent was to deliver the child to Petitioner for
his Sunday visitation, Respondent drove into the parking lot of the restaurant, saw
Petitioner's car, and left the parking lot with the child in her car, Petitioner did not have
the opportunity to visit with the child as Ordered by this Court.
2
10, Respondent has willfully disobeyed the Court Order of August II. 1994,
WHEREFORE, Petitioner respectfully requests this Court to:
(a), Find Respondent. Louann McCloskey. in Contempt for willful
violation of the Order of Court dated August II. 1994; and
(b). Schedule a hearing to determine the custody of the minor child; and
(c). Grant such other and further relief as may be appropriate,
RESPECTFULL Y SUBMITTED,
BOSWELL, SNYDER, TINTNER & PICCOLA
'-lt~
/
By: \.../< )
Cha les J. Hartwell, Esquire
DATE: August ~ 1994
3
._~..._""'~
LOUANN S, MCCLOSKEY,
PLAINTIFFI RESPONDENT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA,
v,
NO, 94-1889 CIVIL TERM
MICHAEL GEARY MCCLOSKEY,
OEFENOANTI PETITIONER,
: NO, 407-CIVIL-I994
VERIFICATION
I, Michael Geary McCloskey, Petitioner, hereby verify that the faets 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, ~4904 relating to unsworn falsification to authorities,
DATE:
<t/J3Iqy
LOUANN S, MCCLOSKEY. IN THE COURT OF COMMON PLEAS
PLAINTIFF/RESPONDENT CUMBERLAND COUNTY, PENNA,
v, NO. 94-1889 CIVIL TERM
MICHAEL GEARY MCCLOSKEY, : NO, 407-CIVIL-I994
OEFENOANTI PETITIONER
CERTIFICATE OF SERVICE
I, Denise L, Foster, Paralegal, do hereby certify that I have served a true and
correet copy of the Petition for Contempt on the following:
Louann McCloskey
clo Lewis Speese
24 Brough Road
York Springs, PA 17372
Method of Service:
X First class mail
Certified mail
Other
BOSWELL, SNYDER, TINTNER & PICCOLA
BY.~fuM j (;;-k
enise L, Foster, Paralegal
,.
--
LOUANN S, MCCLOSKY,
PLANTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNA.
CIVIL ACTION - LAW
v,
NO,
94-2362
MICHAEL GEARY MCCLOSKEY,
DEFENDANT
AFFIDAVIT OF SERVICE
COMMONWEALTH OF
PENNSYLVANIA
: SS.
COUNTY OF DAUPHIN
Samuel W, Sieger, being duly sworn according to law, deposes and says that he is
a competent adult, and that he served a Subpoena upon one
I .
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I
,personally, by handing to I,." /ti,,: JJl~ (' I,.~/" hI
1)(,'.\,,\ ~//y
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, said SubpDena at
J~ /3"", y /!.1
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, on August .1.!...-, 1994, at I.' I C' o'clock f....,m.
Deponent further avers that at the time of said service, the said
L C(,. /!,,~ Jt, " {'/...f I J , identified him~elfl hersell to Ueponent.
_____/~, ",j (,..h11-';<--
SAMUEL W, SIEGER /
Sworn to and subscribed before
me this I Ai' day of
VfJ..tI'ht1-ILL, 1994.
,
.~.<-I. F q~-hj I/"
Notary Pu Iic J
NOl ARIAL SEAL
SARAH E. API'LlUY. NctJrY P,blic
My Ccmm;:~lt[1 t .pIres OtC D. 1994
Harrlsbt!r" PA Da_~II~CeL:_~t_
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BOSWELL, SNYDER, TINTNER & PICCOLA
COUNSELORS AT LAW
}I' NORTII FRONT SnEET
P.O. Box 741
HARRISBURG, PA 17108.0741
WILLIAM 0 BOSWELL
CONN L. SNYDER
LEONARD TINTNER
JEFFREY t. PICCOLA
JE,.FREY R. BOSWEll
ORIOla O. ALFORD
"'ARK R. PARTH[MER
CHARLES .J HARTWELL
17I?1lJe.gJ17
FAX 17171 230.8310
RICHARD D. WICKERSHAM
OF' COUNSEL
September 9, 1994
Honorable Harold E, Sheely
Cumberland County Court
of Common Pleas
Cumberland County Courthouse
S. Hanover Street
Carlisle, PA 17013
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RE: McCloskev v, McCloskev
Dear Judge Sheely:
This letter is to confirm that Mr, Michael McCloskey wishes to withdraw his
Petition for Contempt without prejudice, and cancel the hearing scheduled for
September 26, 1994, before the Court. This withdrawal was made at the request of the
coneiliator, Hubert X, Gilroy, Esquire, at the conciliation conference on September 8,
1994.
Respectfully,
l
V"-I./
Charles J, Hartwell
.'
,
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CJHI dlf
cc: Michael McCloskey
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DEe 06 1994
~
ORDER
( r;:
AND NOW, this ~ day of
review and consideration of
\~ ) ( ,f '. \_( I
for
1994, upon
custody it is
hereby ordered and decreed as
the Stipulation
follows:
1. Plaintiff and Defendant shall have shared legal custody and
control of the minor child Breanna M. McCloskey (DOB: January 26,
1993).
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 be
enjoyed by the Defendant, Michael G. McCloskey on alternate
weekends, with the Defendant getting the child on Saturdays from
9:00 a,m. to 7:00 p,m, and the same alternating Sunday from 9iDO
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 B:OD
6. The parties will split the Christmas and Thanksgiving
Holidays, with one party having the child the day before up until
noon of the Holiday, and the other having the child from noon of
the Holiday through the next day.
7, The parties will alternate the other major Holidays, said
Holidays being: Easter, memorial Day, The Fourth of July, and Labor
Day.
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.
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
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LOUANN S. MCCLOSKEY,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA,
v,
: NO, 94-2362
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 enjDY 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,
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 shall 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,
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:
~/
) A<!-..J~." ":;0--'
issinger, Esqui ,
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Charle J, Hartwell, Esquire
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Michael G, McCloskey
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Ulissinger
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S!lttornt!,s S!lt 'law
MARY A. ETTER DleelNOER
WILliAM CHEaUR DISSINGER
STEPHEN OEOROE HELD
September 27, 1995
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Camp Hill Orne.:
28 N. Thirty-Second St...t
Camp tiill, Penn,vlvania 17011
111 916.2840
FAX 717 876.3924
Mary.villa Olflu:
400 South Sute Road
Mary.vllle, Penn.ylvania 17063
117 961.3414
FAX 111 961.2310
File 94-530
E, Robert Elicker, II
Divorce Master
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17D13
Re: MCCloskey v, McCloskey
No. 2362 civil 1994
In Divorce
Dear Mr. Elicker:
I am enclosing herewith a copy of my petition to withdraw as
counsel in the above matter. I request that you adjust the date on
which pre-trial conference memoranda are due so that Mrs, McCloskey
may have time to obtain other counsel, in the event the Court
allows me to withdraw as her counsel,
Very truly yours,
'//fccC;? u&~:;:
Mary A. Etter Dissinger
MAED/sds
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LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
OF PENNSYLVANIA
ii
v,
CIVIL ACTION - LAW
NO. 94-2362 civil Term
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
ORDER
AND NOW, this
day of
, 1995, it is
'i hereby ordered and decreed that Mary A, Etter Dissinger is released
it as counsel for Louann Mccloskey and has no further responsibility
to represent the plaintiff in this matter.
i;
BY THE COURT:
J,
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LOUANN MCCLOSKEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v,
CIVIL ACTION - LAW
NO, 94-2362 civil Term
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
RULE
AND NOW, this
day of
, 1995, upon consideration
of the foregoing Petition and Affidavit and on motion of Mary A.
Etter Dissinger, Esquire, the Court grants a Rule on Plaintiff, and
Charles Hartwell, Esquire, attorney for Defendant, Michael Geary
McCloskey to show cause why the appearance of Mary A. Etter
Dissinger, Esquire, attorney for Plaintiff, should not be
withdrawn,
Rule returnable twenty days (2D) after service.
BY THE COURT:
.
J,
, LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v,
CIVIL ACTION - LAW
NO, 94-2362 civil Term
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
PETITION TO WITHDRAW APPEARANCE
TO THE HONORABLE, THE JUDGE OF SAID COURT
The Petition of Mary A. Etter Dissinger, Esquire, respectfully
represents:
1. That hE'r appearance for Plaintiff, Louann McCloskey, was
entered on May 4, 1994,
2. The Petitioner herein and the Plaintiff have dramatically
different opinions as to the preparation and presentation of this
case.
3. Plaintiff
petitioner
adequately
the on-going
has
accused
of
not
representing her
custody matter.
interests in this divorce matter and
4, Petitioner, because of her differences with Plaintiff, is
unable to represent the Plaintiff,
5. That Plaintiff Louann McCloskey is in breach of the fee
agreement with her attorneys, Dissinger & Dissinger. Said breach
is evidenced by correspondence dated July 24, 1995 and attached
hereto as Exhibit "A," and correspondence dated September 14,
1995, and attached hereto as Exhibit "B," between Plaintiff and
Mary A. Etter Dissinger.
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6. plaintiff has told Petitioner herein she will "take her
disciplinary board,"
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7, Petitioner wishes to terminate her professional obligation to
Plaintiff in light of Plaintiff's dissatisfaction with Petitioner.
8. Petitioner herein wishes to be absolved of her responsibility
as counsel of record.
WHEREFORE, petitioner herein respectfully requests the Court
to allow her withdrawal as counsel without further proceeding in
this matter, and in the alternative to set a date and time with the
Rule Returnable from the Plaintiff herein as to why the request of
the Petitioner herein should not be granted.
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Respectfully Submitted:
, ......,
7. //7 '-- '
By: ,-' /1,-<-< /(J CA-) / ___
Mary A. Etier Dissinger
Supreme Court Id # 27736
DISSINGER & DISSINGER
Attorneys for Plaintiff
28 North Thirty-Second Street
Camp Hill, Pennsylvania 17011
(717) 975-2840
VERIFICATION
I, Mary A, Etter Dissinger, verify that the statements made
in the foregoing petition are true and correct, I understand that
,1 false statements herein are made subject to the penalties of 18
Pa,C,S, section 4904, relating to unsworn falsification to
authorities,
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Mary A, Etter D~ssinger
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CERTIFICATE OF SERVICE
I, Mary A. Etter Dissinger, Esquire, hereby cbrtify that on
the date set forth below I served a true and correct copy of the
foregoing document upon the following, by First Class United
states mail addressed as follows:
E. Robert Elicker, II
Divorce Master
Office of Divorce Master
9 North Hanover street
carlisle, PA 17013
Charles J. Hartwell, Esq,
Boswell, Snyder, Tintner & piccola
315 North Front Street
PO Box 741
Harrisburg, PA 171D8-0741
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Louann McClosKey
502-7 pine Road
Mt. Holly Springs, PA 17065
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Mary A. Etter Disslnger, Esqu re
Date:
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LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v.
::
CIVIL ACTION - LAW
NO. 94-2362 Civil Term
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
RULE
t fl .
AND NOW, this"2.~ day of ".",;( . , 1995, upon consideration
of the foregoing Petition and Affidavit and on motion of Mary A.
Etter Dissinger, Esquire, the Court grants a Rule on Plaintiff, and
Charles Hartwell, Esquire, attorney for Defendant, Michael Geary
McCloskey to show cause why the appearance of Mary A. Etter
Dissinger, Esquire, attorney for Plaintiff, should not be
withdrawn.
Rule returnable twenty days (20) after service.
BY THE COURT:
lk~~ ( - . ~~/
J.
SEP ZO 4 10 fH '95
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LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 94-2362 civil Term
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
PETITION TO WITHDRAW APPEARANCE
TO THE HONORABLE, THE JUDGE OF BAlD COURT
"
I!
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The Petition of Mary A. Etter Dissinger, Esquire, respectfully
represents:
1. That her appeilrance for Plaintiff, Louann McCloskey, was i
entered on May 4, 1994.
2. The Petitioner herein and the Plaintiff have dramatically i
different opinions as to the preparation and presentation of this i
case.
3. Plaintiff
representing her
custody matter.
has
Petitioner
accused
of
not
adequately
the on-going
interests in this divorce matter and
4. Petitioner, because of her differences with Plaintiff, is
unable to represent the Plaintiff.
5. That Plaintiff Louann MCCloskey is in breach of the fee
agreement with her attorneys, Dissinger & Dissinger. Said breach
is evidenced by correspondence dated July 24, 1995 and attached
hereto as Exhi bi t "A," and correspondence dated September 14,
1995, and attached hereto as Exhibit "B," between Plaintiff and
Mary A. Etter Dissinger.
6. Plaintiff has told Petitioner herein she will "take her to the
disciplinary board."
7. Petitioner wishes to terminate her professional obligation to;
Plaintiff in light of plaintiff's dissatisfaction with Petitioner.
8. Petitioner herein wishes to be absolved of her responsibility
as counsel of record.
WHEREFORE, Petitioner herein respectfully requests the Court
to allow her withdrawal as counsel without further proceeding in.
this matter, and in the alternative to set a date and time with the
Rule Returnable from the Plaintiff herein as to why the request of
the Petitioner herein should not be granted.
Respectfully Submitted:
"
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By: /-~ I 'A.--; LA L/ _ '0 - _'___.
Mary A. Etter Di~singer
Supreme Court Id # 27736
DISSINGER & DISSINGER
Attorneys for Plaintiff
28 North Thirty-Second Street
Camp Hill, Pennsylvania 17011
(717) 975-2840
,
;:
VERIFICATION
I, Mary A. Etter Dissinger, verify that the statements made
in the foregoing petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18
Pa.C.S. section 4904, relating to unsworn falsification to
authorities.
'-- --<<~'(_~" t1!-t-r.-L
Mary A,; Etter ~tI~;~.
MAnv A. (TnR DISSINotn
WilliAM cltEsTEn OISSINOtn
SlErllrt4 ll[OnO[ Il[lO
.iu I Y ?4, t 'J<)S
CftlllP filii Ofllr._:
'" N. lhillv,Sflcnnd 5111'1"1
Cllmflllill. Pennlvl..."nl" 1101'
111 n15.1Ro1o
119 iS5ittger
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FAX 717 915.:1914
M"'ynllht OUlr...:
1100 flnulh S'ftl& IlnAd
Mllly.villlt. Pennlylwmlll '70~:t
-117957.:\"101
rAX 717 957-2:110
File 94-530
Louann McCloskey
S02-7 pine Road
Ht. Holly Springs, pJ\ 170('~i
....
..
Dear Ms. Mccloskey:
Enclosed find a copy of ontel' or COlll:t dnted .July 14, 1995
setting up visitiltion. I[ this docs not reflect t.he actu<ll
agreement as you remember i.t, contnct me immediately. J\ttached to
the Order is a copy of the Custody Conc ilia tion Summary Report.
Please note that the Concilintor recommended counseling and you
should have milde e[ fOI"ts by now 1.0 nn"nnge counseling for the
purposes discussed. .'
Also enclosed is nn onJel' nppointing J\ttorney E. Robert
Elicker as Master [or purposes or equitnble distribution. De
advised that if the balilnce you owe me is not pilid in full within
thit"ty (30) dilYs, it will be nece"snl'Y '[or me to petition to
withdl"aW as your counsel in the divon:e mntter. Frankly, given
your position thnt you wnnt tllP divol'c'l,l"no mntter what" and thnt
YOIl wilnt it as soon ns pO"1;ibl(>, [would "uqgest thnt you give III'
YOllr l"equest fol' the compute," nlH] 1.11" softwnre. Otherwise, YOllr
counsel fees will exceed the vnlllc o[ thilt computer nnd software.
I"et me know how you wish to h.~ndlc this divorce matter which will
soon be before the COUl"t.
VCI'Y tl'uly yours,
Hnl'Y A. Etter Dissinger
r'lAElJ: wse
Encl. 2
~issiltger
&
119 issitlllCr
mttornl'!,5 ~H lU1\>>
MARY ^. ETnn DISSINGER
WILLIAM CllESTEn DISSINGER
B JUliEN DEOROE IIELD
September 14, 1995
Camp tn OWca:
28 N. lhlrty-Slcond SI,..,
CI,np ItIll, renn.ylva"l. t 1011
717 976.2040
" FAX 717 '7&.3824
M.,ynm. Orne.:
"00 Soulh S'all "old
Maryavme. rannaylyanl. 17063
717 867.3474
FAX 717 967.2311
File 94-530
LOUilnn McCloskey
S02-7 pine Road
Ht. Holly springs, PA 170&5
Dear,Hs. MCCloskey:
I have enclosed for your review a letter I recently received
from Charles Hartwell regarding counseling at Catholic Charities.
The location and time of the counseling is listed in the letter.
I have also received a response from the Divorce Master,
E. Robert Elicker, II. As your counsel, I have been directed to
file our pre-trial statement on or before October &, 1995. At this
time, I am going to have to ask you to pay your account with ~his
office in full within ten (10) days of the date of this letter in
order for me to continue my representation in this matter. If this
is not possible, I will have no choice but to apply for leave of
court to withdraw as your counsel. I do not,wish for you to incur
further legal bills which you cannot pay. Please advise me on this
matter.
Very ~ruly yours,
Mary A. Etter Dissinger
HAED:clb
Encl.
0.
, .
~---
CERTIFICATE OF BERVICE
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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 following, by First Class United
states mail addressed as follows:
E. Robert EliCker, II
Divorce Master
Office of Divorce Master
9 North Hanover street
Carlisle, PA 17013
Charles J. Hartwell, Esq.
Boswell, Snyder, Tintner & Piccola
315 North Front street
PO Box 741
Harrisburg, PA 17108-0741
Louann McCloskey
502-7 pine Road
Mt. Holly springs, PA 17065
,
..2-?,--., q)~~../
Mary A.tEtter D~ssinger, Esq;}re
Date:
"""",
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SEP 2 8 @1bf-'
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: i LOUANN MCCLOSKEY,
Plaintifl
IN 'rilE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
,
,.
v.
CIVIL ACTION - LAW
NO. 94-2362 civil Term
MICHAEL GEAHV MCCLO:,KI';V /
Defend.lnt
IN DIVORCE
ORDER
AND NON, thin
, 1995, it is!
,
,
,
day of
hereby orr!c!'<..d and docreed that Mary A. Etter Dissinger is released i
as counsel lor l~uann McCloskey and has no further responsibility
to represent the Plaintiff in this matter.
BY THE COURT:
J.
BOSWELL, SNYDER, TINTNER & PICCOLA
COUNSELORS AT LAW
~I~ NORTII FRONT STREET
P.O. Box 741
HARRISBURG. PA 17108.0741
WILLIAM D. BOSWCLl
CONN L. SNYDER
LEONARD T1NTNE.R
JEFFREY E. PICCOLA
J[F'F'RE:Y R. BOSWELL
ORIGID 0, ALFORD
MARK R. PARTHEM[R
CHARLCS J. HARTWELL
17171 i'3e.g377
FAX 17171 Z36.9316
RICHARD e. WICKERSHAM
OF COUNStL
October 4, 1995
Jane Sparling
Cumberland County Prothonotary's Office
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: McCloskey v. McCloskey
No. 94-2362
Dear Jane:
Please find enclosed an original and two copies of Defendant's Pre-Trial
Statement and Inventory & Appraisement. Kindly clock in the original and the copies
and return them to me in enclosed envelope.
If you have any questions. please contact me. Thank you for your cooperation.
Sincerely,
BO~SL, SNYDER, TINTNER & PICCOLA
I .fL.~ A;{;k(
Denlsi . Foster, Paralegal
enclosures
c e-12ov [/,[4("
, DISSINGER & DISSINGER
-'il;'_~d~i":'.^'nORNIYS AT LAW
"28 N, THIRTY.SECOND STREET
CAMP ~III b["lNSYLVANIA 17011
9".'..0 u, '''-2141
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LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 94-2362 civil Term
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
I
II
I'
ORDER
AND NOW, this 1'1 ;t1.. day of ~1l)'\.",,.,,J~-t--.J , 1995, upon
,
Movant's Motion to Make Rule Absolute, it is hereby ordered and
decreed that Mnry A. Etter Dissinger is released as counsel for
Lou Ann McCloukey and has no further responsibility to represent
the Plnintiff in this matter.
BY THE COURT:
/051 rJ.a.lH:.:e 1". yj/~,
J.
II
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LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 94-2362 Civil Term
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
CERTIFICATE OF BERVICE
I, Mary A. Etter Dissinger, Esquire, hereby certify that on
the date set forth below I served a true and correct copy of the
Order dated November 17, 1995, upon the following, by First Class
United States mail addressed as follows:
E. Robert Elicker, II
Divorce Master
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Charles J. Hartwell, Esq.
Boswell, Snyder, Tintner & Piccola
315 North Front street
PO Box 741
Harrisburg, PA 17108-0741
Louann McCloskey
502-7 Pine Road
Mt. Holly Springs, PA 17065
Date:
1/ /2//75
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Mary A. Etter 611singer, Esquire
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CERTIFICATE OF BERVICE
I, Mary A. Etter Dissinger, Esquire, hereby certify that on 1
the date set forth below I served a true and correct copy of the
Rule Returnable dated September 28, 1995, upon the following, by
First Class United states mail addressed as follows:
E. Robert Elicker, II
Divorce Master
Office of Divorce Master
9 North Hanover street
Carlisle, PA 17013
Charles J. Hartwell, Esq.
Boswell, Snyder, Tintner & Piccola
315 North Front Street
PO Box 741
Harrisburg, PA 17108-0741
Louann McCloskey
502-7 Pine Road
Mt. Holly Springs, PA 17065
Date:
/':'/2.,/" s
';&~~';;A:VE't~~'!~r-;~ger, Esquire
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LOUANN MCCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 94-2362 civil Term
MICHAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
RULE
!
AND NOW,
t fJ
this"2.~ day
of <;. c_, ;,(
1995, upon consideration
I of the foregoing Petition and Affidavit and on motion of Mary A.
. ~
Ii Etter Dissinger, Esquire, the Court grants a Rule on Plaintiff, and
II
!I Charles Hartwell, Esquire, attorney for Defendant, Michael Geary
McCloskey to show cause why the appearance of Mary A. Etter
il Dissinger,
I;
,I withdrawn.
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Esquire, attorney for Plaintiff /
should not be
Rule returnable twenty days (20) after service.
il
,
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BY THE COURT:
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I, LOUANN MCCLOSKEY, . IN THE COURT OF COMMON PLEAS
'I .
Plaintiff OF CUMBERLAND COUNTY
:! OF PENNSYLVANIA
v. .
.
: CIVIL ACTION - LAW
1: NO. 94-2362 civil Term
MICHAEL GEARY MCCLOSKEY,
Defendant . IN DIVORCE
.
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
Rule Returnable dated September 28, 1995, upon the following, by
First Class United states mail addressed as follows:
E. Robert Elicker, II
Divorce Master
Office of Divorce Master
9 North Hanover Street
carlisle, PA 17013
Charles J. Hartwell, Esq.
Boswell, Snyder, Tintner & piccola
315 North Front Street
PO Box 741
HarriSburg, PA 17108-0741
Louann McCloskey
502-7 pine Road
Mt. Holly springs, PA 17065
Date: /0 I 3/7 >'
, " /
-7A CA._.,/. (-, c:.ftrl /}, -
Mary A. Etter Dissinger, Esquire
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LOUANN MCCLOSKEV,
Plnintifr
IN TilE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 94-2362 civil Term
MICIIAEL GEARY MCCLOSKEY,
Defendant
IN DIVORCE
! ~
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.,
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,
"
RULE
,I
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'j 1995, upon consideration!
Ii of the foregoing Petition and Affidavit and on motion of Mary A'II
'I
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Etter Dissinger, Esquire, the Court grants a Rule on Plaintiff, and I
Charles IInrtwell, Esquire, attorney for Defendant, Michael Geary I
" I
ii McCloskey to show cause why the appearance of Mary A. Etter
II
II
AND NOW, this
{t fI CO ,.(
"2.. " day of "'-'<"'1'
Dissinger,
Esquire,
attorney
for
Plaintiff,
should
not
be
withdrawn.
Rule returnable twenty days (20) after service.
1
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BY TilE COURT:
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LOUANN McCLOSKEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2362 CIVIL
1994
MICHAEL G. McCLOSKEY,
Defendant
IN DIVORCE
AND NOW, this
ORDER OF COURT
, ).... yt'\.
day
of ~~r,
19~ the economic claims raised in the proceedings having been
resolved in accordance with a marriage settlement agreement
dated January 25, 1996, the appointment of the Master is vacated
and counsel can file a praecipe transmitting the record to the
Court requesting a final decree in divorce.
BY THE COURT,
.~qelh.J. --
cc:
Louann McCloskey
Pro Se
Cfu....,rn~;~(".-l Ij;;.?/q{.,.
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Charles J. Hartwell
Attorney for Defendant
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Cbarlcs J. Hanwcll, Esqulrc
Suprcmc Coun 1.0. #52655
BOSWELL, SNYDER, TINTNER & PICCOLA
315 N. Front Strcct
PO Box 741
Harrisburg, PA 17I08.()741
(717) 236-9377
AlIomcys for Dcfcndant
Micbacl G. McCloskcy
WUANN S. MCCWSKEY, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY, PENNA.
v. : NO. 94-2362
MICHAEL G. MCCWSKEY,
DEFENDANT : CIVIL ACTION - CUSTODY
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
KINDLY withdraw the appearance of Charles J. Hartwell, Esquire, and the law
firm of Boswell, Snyder, Tintner, as counsel of record for the Defendant, Michael G.
McCloskey.
BOSWELL, SNYDER, TINTNER & PICCOLA
By:
(/-l j}A-
Charle!i J. 'Hartwell, Esquire
DATE: qldlJ I qlt,
,
LOUANN S. MCCLOSKEY, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY, PENNA.
v. : NO. 94-2362
MICHAEL G. MCCLOSKEY,
DEFENDANT : CIVIL ACTION - CUSTODY
CERTIFICATE OF SERVICE
I, Denise L. Foster, Paralegal, do hereby certify that I have served a true and
correct copy of Praceipe to Withdraw Appearance on the following:
Jeanne B. Wigbels, Esquire
2108 Market Street
Camp Hill, PA 17011
Method of Service:
t/
First class mail
Certified mail
Other
BOSWELL, SNYDER, TINTNER & PICCOLA
By: '--:ilrltfJ J ksfy
Denise L. Foster, Paralegal
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PATRICK F. LAUER, JR.
Attorney u\ Luw
2108 MaRti SUttt
Aztec Buildin~
Camp Ifill. PA 111111
(717) 161,1800
.
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LOUANN S. MCCLOSKEY, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . NO: 94-2362
.
.
.
MICHAEL G. MCCLOSKEY, . CIVIL ACTION
.
Defendant . CUSTODY
.
PRAECIPB TO BNTER APPEARANCB
TO THE PROTHONOTARY:
KINDLY enter the appearance of Jeanne B. Wigbels, Esquire, and
The Law Offices of Patrick F. Lauer, Jr., as counsel of record for I
the Defendant, Michael G. McCloskey.
THE LAW OFFICES OF PATRICK F. LAUER, JR. I
By:
DATE:
f /71'lt
LOUANN S. MCCLOSKEY, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . NO: 94-2362
.
MICHAEL G. MCCLOSKEY, . CIVIL ACTION
.
Defendant . CUSTODY
.
CERTIFICATE OF SERVICE
I, Jeanne B. Wigbels, Esquire, hereby certify that a true and
correct copy of the foregoing document was sent to the following
counsel of record by placing a copy of same in the United States
mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as
follows:
Louann McCloskey
502-7 pine Road
Mt. Holly Springs, PA l7065
By:
IjJ I<. I
J anne B. Wigbe s, Esquire
PA S.Ct. I.D. No. 68735
2108 Market Street, Aztec Bldg.
Camp Hill, PA l70ll-4706
Phone: (717) 763-l800
DATED:
1 II?! In
LOUANN S. MCCLOSKEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NOS: 94-l889; ~4:~
MICHAEL G. MCCLOSKEY, CIVIL ACTION
Defendant CUSTODY
, , ,
.,
, ) I
, "
,
ORDER OF COURT
AND NOW, this e day of ,( ~r{,{w. , 19~6, upon
consideration of the attached Petition to Modify Order of;Custody,
it is hereby directed that the parties and their respective counsel
,
, 1 . I /'1 ,.' J ".,Jl,4~~ , 'J / /, / [if"
appear at 7,(, (.L" 7Th"". :>' . /'!U(,LI"1- b~fore I ~H..LVI ,6 <;;QlWZU:; I' the
conciliator, on the c)j''fI- day of ; [%A:<<:, , 1996, at Ll3d'.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. 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.
I
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FOR THE COURT:
By:,vl r;.Ju.L/1 ,-6.,du'M'/'0
Custody Conciliator {/
I 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
: I SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
:i
'! OFFICE OF THE COURT AOMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE, PA l70l3
(717)240-6200
,'. ,-
LOUANN B. MCCLOSKEY, I IN THE COURT OF COMMON PLBAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I ,
.,
V. I NO: 94-l889; 94-2362 I
I ,
-,
MICHAEL G. MCCLOSKEY, I CIVIL ACTION "
"I
Defendant . CUSTODY
.
PETITION TO MODIFY ORDER 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
3lB3 Shiremanstown, Cumberland County, Pennsylvania l70ll.
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 l7065.
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 I
Springs, Cumberland County, Pennsylvania l7065.
4. On July ll, 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
'I
I,
!I mother with visitation to the father on alternating weekends from
Ii 5:30 p.m. until Sunday evening at 7:l0 p.m. This Order is attached
I
hereto as Exhibit "A".
.
s. The Order directs that all transportation of the Child for
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 '
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 1
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 child;
I
:i
g.
telephone
hours;
The mother has denied father regular, unimpeded
contact with the minor child during reasonable
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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.
7. The best interest and permanent welfare of the child will
be served by a modification of the Court's Order as followsl
a. The Custody Order should include a requirement that
neither parent disparage, threaten, or curse at the other in the
presence of the child;
b. The location of exchange should be moved to parking
lot of the Silver spring Township Police Department in order to
prevent altercations between the parties;
c. The father should be permitted to have regular,
unimpeded 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:
f'ftr If"
'4Wrt
ne B. Wigbe s, Esquire
L Offices of Patrick F. Lauer, Jr.
2108 Market street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
PA Supreme ct. ID No. 68735
Phone: (717) 763-1800
ATTORNEY FOR PETITIONER/DEFENDANT
v.
I
I
I
I
I
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I
IN THB COURT OF COMMON PLEAS OF
CUMBBRLAND COUNTY, PBNNSYLVANIA
NOI tt=Hll
LOUANN S. MCCLOSKEY,
Plaintiff
MICBABL G. MCCLOSKBY,
Defendant
CIVIL ACTION
CUSTODY
VBRIFICATION
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,
information, and belief. I realize that false statements herein
are subject to the penalties for unsworn falsification to
authorities under 18 Pa. C.S. S 4940.
~L.p~~?/
Michael G. McCloske
Date I
19b
----- ~
LOOANN s. HcCLOS~,
plaintiff/Respondent
: IN THB CXlURT OF c::x:l'lMCI'l PLEAS OF
: aJMBPm.AND CXXJN'N, PENNSYLVANIA
vs.
: NO. 94-1889
CIVIL TEM
.
.
MIalAEL GEARY McCLOSKEY,
Defendant/petitioner
: CIVIL ACl'IOO
: IN aJS'l'CDY
amER a! UJlACI:'
AND tof, this I '-/trt day of L ~ , 1995, upon consideration of
the attached CUstody conciliation Re;'~,- itl is herel7;( orl3ered and directed
as follows:
l. This Court's prior Order of DecE!ll'ber 8, 1994 is vacated.
2. ~e 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 ~ysical custody of the Olild.
4. The Father shall enjoy partial ~ysical custody of the Child on
alternating weekends fran Friday at 5:30 p.m. (or earlier on Friday) until
SWlday evening at 7:10 p.m. When the Child is attending daycare, the Father
shall transport the Olild from the daycare provider's facility before 5:30
p.m. on the alternating Fridays and the Father shall transport the Olild to
the Mother's residence at the conclusion of his periods of partial physical
custody.
5. The parties shall share physical custody of the Olild on holidays
as follows:
A.~
j
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
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 oecentler 26.
B. THANKSGIVING
.,
The Father shall enjoy physical custody of the Child fran lO:OO
a.m. on Thanksgiving Day until l2:oo noon on the day after
Thanksgiving in odd nuni:lered years. The Mother shall enjoy
~ysical custody of the Child fran lO:OO a.m. on Thanksgiving
Day until l2:oo noon on the day after Thanksgiving in even
nuni:lered years.
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1'he parties ahall enjoy physical custody ot the Olild on an
alternating basis tran 10:00 a.m. until 7:00 p.m. on the
following holidays: ElI.llter, Memorial Day, July Fourth, and
Labor Day. The Father shall enjoy custody of the Olild on
ElI.llter and July Fourth in odd llUIIbered years and on Memorial
Day and Labor Day in even nunbered years. The Mother shall
enjoy custody of the Olild on I!a8ter and July P'ourth in even
nl.lltlered years and on Memorial Day and Labor Day in odd
nunbered years.
6. 1'he holiday custody echedule set forth above supersedes the regular
custody lIChedule.
7. All transportation of the OIild for purposes of exchange of custody
Ilha1l be pr:ovided by the Father.
8. '!bis Order is entered pursuant to an agreement reached by the
parties at a Cl:.stody Ccnciliatioo conference. The parties may modify this
custody schedule ally ~. written agreement which is signed by both parties.
The writing reflecting the parties' agreement nay be signed in counterparts
but each writing nust reflect identical terms of agreement. In the absence
of written mutual agreement, this Order shall control. In the event either
party desires to mx1ify this Order in the absence of mutual agreement, that
party may Petition the Court to have the case again scheduled with the
CUstody COnciliator for a Conference.
BY TIlE CXXJRT,
Jskd E -~/
J.
cc: OIarles J. Hartwell, Esquire J
Mary DiBBinger, Esquire
'frM1r tL 7-lf- t11
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LOOANN S. McCLOSKEY , . IN 'l'IIE CXXlRT OF ~ PLEAS OF
.
Plaintiff/Respondent . CUMBERLAND COON'l'l(, PP:lNSYI, VANIA
.
V8. . NO. 94-l889 CIVIL 'l'mH
.
:
MIOfAEL GEARY MCCLOSKEY, . CIVIL ACTIOO
.
Defendant/Petitioner . IN CUSTOOY
.
PRICR JUDGE: Harold E. Sheely, P.J.
amml( aH::ILIATIOO SlMIl\Rl( RBRRr
IN AaXJUlANCB wrm CDIBIlRLAND <XUm( RDLB OF CIVIL PRO<.... U(8
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. 111e pertinent information pertaining to the Child who is the
subject of this litigation is as follows:
NAME
BIRTHDATE
Cl!RRmrLy IN CUSTOOY OF
Breanna M. McCJ.os.ltey
January 26, 1993
Plaintiff/Mother
2. 111is matter was before the Conciliator on a Petition for Contenpt,
Counterclaim for Contenpt and Petition to Modify CUstody. 111e Court
previously entered CUstody Orders in this case on August 11, 1994 in regarC
to a Petition for Special Relief and on DeceIlber 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:
111e Father, Michael G. McCloskey, with his counsel, Charles
Hartwell, Esquire, and the Mother, Louann S. McClOSkey, with her
c:ounsel, Mary Dissinger, Esquir.e.
4. 111e parties agreed to entry of an Order in the form as attsched.
111e parties specifically requested the restrictive tet1M goveming
modification to avoid future misunderstandings and circtmltances leading to
contenpt 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. 111e Conciliator
strongly urged counsel to assist the parties in locating affordable
CXlunseling 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
CXluld play an extremely important role in assisting the parties in
maintaining the terms of the agreed Order.
(aA~~
Dawn S. 5 y, Esqu r
CUstody Conciliator
...J.JJ~ .~ J99"
Date
LOUANN S. MCCLOSKBY,
Plaintiff
I IN THB COURT OF COMMON PLEAS OF
I CUMBBRLAND COUNTY, PBNNSYLVANI~
I
I NOI 94-1889; 94-2362
I
I CIVIL ACTION
I CUSTODY
v.
MICHAEL G. MCCLOSKEY,
Defendant
CBRTIFlCATE OF SBRVICB
I, Jeann6 B. Wigbels, Bsquire, hereby certify that a true and
correct copy of the foregoing document was sent to the following
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
Custody Conciliator
9 North Hanover Street
Carlisle, PA 17013
By:
J nn6 B. Wigbe s, Esquire
P S.Ct. I.D. No. 68735
2108 Market Street, Aztec Bldg.
Camp Hill, PA 170ll-4706
Phone: (717) 763-1800
ATTORNEY FOR PETITIONER/DEFENDANT
DATED:
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LOUANN S. McCLOSKEY, . IN THE COURT OF cn-lMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. . NO. 94-2362 CIVIL TERM
.
.
.
MICHAEL G. McCLOSKEY , : CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
aIDER OF CXXJRT
AND NOW, this 20th day of November, 1996, the Conciliator being
advised by Petitioner/Defendant's counsel that the petition to Modify Order
of Custody is being withdrawn, hereby relinquishes jurisdiction in this
case.
U^-jj d
Dawn S. Sunday, E';;'ire ~
cc: Jeanne B. Wigbels, Esquire - Counsel for Defendant/Father
Louann S. McCloskey, Esquire - Pro Se
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LOUANN S. McCLOSKEY , : IN THE COURT OF CCXoIMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
.
VS. . NO. 94-2362 CIVIL TERM
.
:
MICHAEL G. McCLOSKEY , . CIVIL ACTION - LAW
.
Defendant : IN CUSTODY
PRIOO JUDGE: Harold E. Sheeley, P.J.
aJSTODY a:NCILIATlal SlI1MARY REPOOT
IN ACXDUlANCE WITH <nmERLAND cxxmY RULE OF CIVIL PRO< "KI.JRE
19l5.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
BIRTHDATE
CllRlUNl'Ly IN aJSTODY OF
Breanna M. McCloskey
January 26, 1993
plaintiff/Mother
2. An initial Conciliation Conference was held in this matter on June
29, 1995 on the Father's Petition for Contempt and the Mother's
counterclaim for Contempt and Petition to Modify Custody. The matter was
resolved by agreement during the Conciliation Conference and the Court
entered an Order reflecting the parties' agreement on July ll, 1995.
3. The Father subsequently filed a Petition to Modify Order of
Custody in a second Custody Conciliation Conference scheduled for October
29, 1996. The Father, Michael G. McCloskey, appeared with his counsel,
Jeanne Wigbels, Esquire, at the Conference. The Mother did not attend the
Conference and was not available by telephone. The Father's counsel
indicated that she had provided a copy of the Conference Notice and
Petition to the Mother although it had not been served by certified mail.
The Conciliator determined that the Mother's prior counsel, Mary A.
Etter-Dissinger, Esquire, was released as counsel for the Mother by Court
Order dated November l7, 1995 and the Mother had not retained other
representation.
4. The Father's position at the Conference was that he has been
routinely denied custody of his Child in violation of the existing Custody
Order due to the uncooperative and threatening conduct of the Mother during
custody exchanges and otherwise. The Father sought an Order requiring the
Mother to submit to a custody evaluation and to exchange custody at the
Silver Spring Township Police Department.
5. Subsequent to the Conference, the Conciliator discussed the
Father's proposal with the Mother by telephone. The Mother stated that she
had never received any notice or information concerning the October 29,
1996 Custody Conciliation Conference. The Mother denied the Father's
claims with regard to her conduct and indicated that she was very willing
to exchange custody under the existing schedule. The Mother indicated that
she was unable to comply with the Father's additional requests because she
has no car with which to provide transportation.
6. At the request of the Father's counsel, the Conciliator scheduled
a conciliation Conference for December 19, 1996. However, the Father's
counsel subsequently advised the Conciliator that the Father was
withdrawing his Petition for Modification at this time and therefore no
Conciliation Conference was necessary.
7. Based on the foregoing,
jurisdiction in this case.
jU'W'f'IJ~/1 ,)0, /99(,
Date
the Conciliator is relinquishing
12: ~;t~~
custody Conciliator
IN THE COURT OF COMMON PI.EAS Ot' CUMBERI,AND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:
LoU.o...nli Nee iDs ke j :
: No.ff-;l3&, ~
PlaIntiff
: File
:
vs. : IN DIVORCE
:
IIYJ 1'- hCte I C-:>. JiC(ID~J<{:'~
Defendan :
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the
above matter, hring been granted a Final Decree in Divorce on the
S~~ I 9
) _ day of 11(l}.t\f ~' 19 G, , hereby elects to resume the
prior surname of _Sf e e Sf' . and gives
this written notice pursuant to the provisions of 54 P.S. S 704.
DATE:'jC\I?1
/D, jq9 7
~2f((nn
) JII /6)1-< .d-
Signa turit--
S. ~....eesp
of nam~ being resumed
(~~:It<.nn
Signature
COMMONWEALTH OF PENNSYLVANIA:
: 55.
COUNTY OF CUMBERLAND
On the lOth day of C}1/Y!.~' 19 Q'1 , before me, a
Notary Public, personally appea~ed the ove affiant known to me to
be the person whose name is subscribed t the within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
In Witness Whereof, I have hereunto set my hand and official
seal.
k r7J.JYLlL ( 1}1 ()tF
. Notary Public
-
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OF TH'iLED-OFFlCE
c rr.OTI-iONOTMY
97 ./MII 0 ,PH 121/11
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