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Home My WebLink About96-01862 - ,1''':.-','.... "::J:j'"""V""'"('i!.-,..'...~~',ff~-~~~' ,'!~Y~ :""1I!tIlTI "IT"a:.:a.W~ 'u",t~~~ .i~-,!."'-'-~'o:;l;:'\.:t.'.b:," ,"p;;r;;"..,.,..",rc"iFT-T.of ,'j; l'nI......----"','..,"" " ~'_'''~ ..,;.'Y",7,.~!""'~l--:;:~":H~J,?r,~:{'il-~:"'" ,-' " ' . l! . 1,..Il",N!lYL.V"""All1!)I!lY' ~,..": ~.-~",;"",.-H' ..F"f' ~':.-c'.',;,;f",.-"..".<...t:'r.-:-,,,.-, "'/:' ....-.', '~~-.'; ,~ ,,\.r.;:,~,rrl".I4'''''?~'i'''''''D'' ':". ", ',;,,, . , ':, '~iL::: 'f;l.~ ^r:)212'-D'::'-~L:::f/2,:~::);'L::,l'::~:c::,:;,3:- ;':', ~,';;~'~ijh', DONALD E. MOFFITI SHIRLEY L. MOn'lTI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v CIVIL DIVISION . LAW I NO. 96---11? l.tI;). CIVIL TERM I CUSTODY DENISE MOFFITI Defendant NOTICE You have been sued in Court. If you wish to defend against the claims set forth In the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appenrnnee personally or by attorney and tiling 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. Court Administrator Cumberlund County Courthouse Carlisle, PA 17013 717/240-6200 DONALD E. MOFFITI' SHIRLEY L. MOFFlTr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~tfJ;? Plaintiffs v CIVIL DIVISION - LAW NO. 96- I ~v:> CIVIL TERM DENISE MOFFITI' Defendant CUSTODY ORDER OF COURT AND NOW, thit I:l'lday of April, 1996, it is hereby directed that the parties and their at O C' I ~ r;.. ..)" ( :;. d,M, -/ ( Y/, Conciliator, at , ..,~J/M'".J ';2,'1 W' fV1";fI S~, (V)t,i,e.~'on the :?ll,dayof ,..116,,( ,1996, q:Cf) L1:..m., for a Preheoring Custody Conference. At such conference, an effort will respective counsel appear before 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's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or penn anent order. BY: 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 COURTHOUSE, CARLISLE, PA 17013 TELEPHONE: 717. 240-6200 self.inflicted pistol wound in Cumberlnnd County. . The fnther was nt the time an enlisted member of the United Stntes Army stationed on active duty ot Fort Cwnpbell, Kentucky. . PlointifT Shirley L. Mollin is the odoptive mother of Donold E, Mollin, Jr., hoving odopted him on November 22, 1983 to Docket No, 50 Adoption 1983 in the Orphans' Court Division of the Common Pleas Court of Cumberlond County, so thut she is the grondmother of the child Michuel Eugene Mollin by her udoption of the child's futher. . The child is presently in the custody of PlointlfTs who reside ut 54 Victory Church Rond, Gurdners, Cumberlund County, Pennsylvanin. . During the past five yeurs, the child has resided with the following persons ond at the following addresses: Person Address lliItJ! Donuld E. Mollin Shirley L. Mollin 54 Victory Church Rd. Gurdners, PA 17324 Murch 30, 1996 to present Donald E. Mollin, Jr. Fort Cwnpbell Kentucky Junuary, 1996 to Murch 30, 1996 Donold E. Mollin, Jr. Denise Mollitt Fort Cwnpbell Kentucky December, 1995 to January, 1996 (I 112 weeks) Denise Mollitt Stanwix Apts. (Army Housing) Corlisle, PA 17013 July 29, 1995 to December, 1995 . The mother of the child is Denise Mollin, currently residing ut The Molly Pitcher Hotel, 13 S, Hnnover Street, Carlisle, Cumberland County, Pennsylvaniu 17013. . She becwne morried to the !hther Donuld E. Mollin, Jr. in November, 1994 outside of Pennsylvanio. . The deceased father of the chlld Is Donald E. Moffitt, Jr. who entered the United States Anny as an enlisted man in 1993; was married in November 1994 to Defendant; was transferred to Korea in December 1994; and returned to the United States in December 1995. 4. The relationship of Plaintiff Donald E. Moffitt to the child is that of natural paternal grandfather. The relationship of Plaintiff Shirley L. Moffitt to the chilcl is that of grandmother by adoption of the father of the child, . The Plaintiffs currently reside with the following persons: ~ Relationshill Jeanine Louise Moffitt Michael Eugene Moffitt Daughter Grandson 5. The relationship of Defendant to the child is that of natuml mother. . The Defendant currently resides with the following persons: ~ Relationshill Mrs. _ Stotler Larry Hershey Bill Stotler Megan Stotler Devon Stotler Mother Boyfriend Brother Daughter (believed to be out of wedlock) Son (believed to be out of wedlock) 6. Plaintiffs have not participated as parties or witnesses, or in another capacity, in other litigation concerning the custody of the child in this or another Court. 7. Plaintiffs have no infonnation of a custody proceeding concerning the child pending in a Court of this Commonwealth. 8. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody of visitation rights with respect to the child, 9. The best interest and pennanent welfare of the child will be served by granting the I verilY that the statements in the foregoing pleading are true and correct. I understand that false statements herein ore mode subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. n"1~ "'/r/ -{" ~'y/"~ Donald E. Moffitt , t 1 i .... ( ,. (1,) 1L 1t_ I' .. () u (I ..:r ,-,: &1 0 I/' I If) Q \J r.: , . ,-. u ()" a- I' . ~.; ~ If) If) -:r ~ I' I ' e1 ' . -;to rb -<'I , , " (i.' ( . :,'1 lA -=tI i' , ~ ":fJ ., j I . I cL.. U \.. c.l . _........_~...,....------~---.' -.' DONALD E. MOFFITT SHIRLEY L. MOFFITT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plnlntlffs v CIVIL DIVISION - LAW DENISE MOFFITT NO. 96.1862 CIVIL TERM Dcfcndnnt CUSTODY CUSTODY ORDER . AND NOW, this 2'1 day of April, 1996, pursuant to the Stipulntion of the parties, the following Order is entered: I. Plaintiffs Donald E. Mollitt and Shirley L. Mollilt will have legal and primary physical custody of the child Michael Eugene Moffitt, 2. Defendant Denise Moffitt shall have reasonnble visitation rights in accordance with the following: A. During the period which Defendant Denise Moffitt resides at The Molly Pitcher Hotel, she shall have visitation rights two days per week on days and times as ngreed to by the pnrties. B, After Defendant obtains suitable housing for herself, she shall then have visitation every other weekend from Saturday at 9:00 a,m. to Sunday at 6:00 p.m. C. Defendant shall have visitation on the child's tirst birthday and on subsequent birthdays of the child on alternating years, nt times as agreed to by the parties, D. Defendant shall visitation rights on major holidays of Memoriul Day, July 4th, " 'I 1 , ~ I 1 I ! 1 r I f ,J .':.1 " I i! . I J r .. " .,' 'to " \' ~. , \,. , 1.\. e 'I 16. Time schedules with the child should be observed strictly. The late parent should phone, leaving word as to the reason (or the lateness and the estimated new time, 17. Re(raln (rom burdening the child with adult worries, e.g. financial, career, social. 18. Behave discreetly with other people In the child's presence. 19. Treat the child as a unique person with respect to (eellngs and needs. . Credit: Adapted (rom Guidelines (or Separated Parents prepared by the Dane County Family Court System, Madison, Wisconsin. I I I I I I i I I 'I II 1\ I' \~~~~~~1!~f,~I(~~7~~~~~~~~f~:-~1;'>yiW:~frit~\'I~r~~~",; , i"'r,\-;' '.b," ~'" ,),1,. ,,-' ,ATTO""CV8,AT, LAWu "c..:,;p.-l{1tLi':~.llt\.'~1it-<". ,,-. ;-~,{ ,-Jt""-'l' "'1',,,:.'.'€ '-"',,"- ~ ;:!!f.\'_;~f,~.I~\'},J:": ~,:',_ \);"-J-:.',~:a.."., 'H,ANO\laN '..n.,.,.:':-;'-~-,~'-\-fi:J~f~5',1If~tJ!t~" c~:"(/{:~,~;{l,';:~'f~t\:\~1,,~;_;t;,~;~yN.~~~'f ,->, ,,' , CAIlUeur PENNeyi iiANIA i70la .' ,', 'iv'FN;fw"""'H >""!..-,,,,,,\,.., ,,''''l.'''''' .,~,.,:'?l:.,.:, '>'" 1>'171 '......,.. ;...'..D ",," )';;.~H:~;tfr ''"'':;3:;' < ,'<, ~~:~~;;;', PlaIntIffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -I,AW DONALD E. MOFFITI SHIRLEY L. MOFFITI v DENISE MOFFITI NO. 96.1862 CIVIL TERM Defendant CUSTODY PETITION FOR CUSTODY ORDER BASED UPON STIPULATION AND NOW, comes PlaintiOs, by and through their allomcys, Broujos, Gilroy & Houston, P.C., and avers as follows: I. Plaintiffs are Donald E. Moffill and Shirley L. Moffitt, adult individuals residing at S4 Victory Church Road, Gardners, Cumberland County, Pennsylvania 17324, 2. Defendant is Denise Moffill, an adult individual residing at The Molly Pitcher Hotel, 13 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiffs seek custody of the child Michael Eugene Moffill residing at S4 Victory Church Road, Gardners, Cumberland County, Pennsylvania 17324, with Plaintiffs who arc the paternal grandparents of the child. Plaintiffs grandparents presently have physical custody of the child, 4. Plaintiffs have filed a Petition for Custody, which the Court referred to Custody Conciliator Dawn Sunday. S. In the meantime, the parties have agreed on custody being placed in the grandparents PlaintiOs, with visitation rights in the mother Defendant. 6, Allaehed arc Custody Stipulation and Proposed Court Order. , . . 7. Plaintiffs request Court approval of the Order. Defendant mother has been advised of her right to counsel, but has elected not to retain counsel. WHEREFORE, the Plaintiffs request the Court to sign the enclosed order. April 18, 1996 'IV ~>-." BROUJOS, GILROY & HOUSTON, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 7171766-1690 FAX /I 717/243-8227 , hJ' C). fl- : Cy EI.' iI:'! ' ~~'. ,. 1...5 ";,: :":' ~, I: - <:;, .. '-. ...... .,,:17 '- el) 0,. ',;,} .';'.) I ~;,::' 'J -4 trl l' I , .~ ... ... , . !f~1~~~)::;.~;.;::~',~j2: 'j;;;~': ~ l;~'r.i'}J.;;;');;'l:~:fJjJW'!;~~;J~;?:'~l.1W~~~' . "":' IIAOUJ08,' OIU.OV 8r HOU8TON,"fl', o."'i! L,', '''''";.:,'-.1'" " ($',! ~;:?~;~"'.'.!, " ~.@':Ee~,lt?~~"!~."'!l'::~;i~;'itii. ~..... ;;';;,u CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v CIVIL DIVISION. LAW DENISE MOFFITT NO. 96-1862 CIVIL TERM Defendant CUSTODY CUSTODY STIPULATION Plnlntiffs Donnld E, Momll and Shirley L, Moffill by nnd through their nllomey John H. Broujos, of Broujos, Gilroy & Houston, P.C, nnd Defendnnt Denise Moffill, ndvised of her right but electing not to have counsel, set forth the following custodytvisltntion stipulation: I. Plnintiffs Donnld E. Moffitt nod Shirley L. Moffitt will hnve legal and primnry physlcnl custody of the child Michael Eugene Moffitt. 2. Defendnnt Dcnise Moffill shnll hnve rensonnble visitation rights In necordnnce with the following: A. During the pcriod which Defcndnnt Denise Moffill resldes at The Molly Pitcher Hotel, she shnll hnve visltntion rights two dnys pcr week on dnys nnd times ns ngreed to by the parties. B. After Defcndnnt obtnins suitnble housing for herself, she shnil then hnve visitation every other weekend from Snturdny nt 9:00 n,m. to Sundny nt 6:00 p.m. C. Defendnnt shnll hnve visitntlon on the child's first blrthdny and on subsequent birthdnys of the child on alternating yenrs, nt times ns agreed to by the pnrtles. D. Defendant shnll visitation rights on mnjor holldnys of Memorinl Day, July 4th, Lnbor Dny, Thnnksgiving, Christmns, New Ycur's Dny, nnd Enster, commcnelng on Memorial . Day, on altemnting holldnys nnd nltemntlng the holldnys each yenr, nt times lIS ngreed to by the parties. E, On such other times as the parties shull mutuully ngree. 3. Guidelines for Pnrents, The pnrties IIgree to IIblde by the "Guidelines lor Purents" nttnehed hereto as Exhibit A nnd incorporated herein by reference. 4, Seut Belts Ilnd Child Restraint Sellts. Both pllrtles shnll utilize child restruint sents and sent belts when trnnsporting the child by automobile. S. Alcoholic Beverlll!es. Neither pnrty shall use or consume uny beverage eontnining nleohol or use or consume any proscribed drug while exercising his or her rights to physical custody of the child. 6. Medienl Curerrreatmenl. Plaintiffs ngree to immediately infbnn Defendnnt ns to nny problem of medical cure or treatment of the child. 7. Relocation. Upon the knowledge of a pending relocation or movement, temporary or pennnnent, of either pnrty, thnt pnrty must Immediately infonn the other pnrty of the new address nnd telephone number. 8. No Movement Out of State. Neither pw1y shall remove the child from the Commonwealth of Pennsylvania to nnother state except through a Court Order. .....-,.... AND NOW, this .!JL day of April, 1996, it Is hereby stipulated between the pw1les thntthis Hono ble ~urt ~ter the Custody Order nttached hereto. . \\\c/ '-- EJ~A./t!'?M /t17/ . rouJos. counsel r Grnndpurents Donald E. Moffitt ~ .J.L.~iJ L. siilii~om:t ~ ~ l~1)On . D.c.~w' \ . -~ ~~~~ ... GUIDELINES FOR PARENTS Both parents shall abide by the following guidelines: 1. Provide the child with an emotional environment In which he/she Is free to continue to love the other parent and spend time with hlmlher. 2. Encourage good feelings from the child about the other parent and hlslher extended family. 3. Encourage the child to remember the other parent on special occasions, allowing hlmlher to telephone on a reasonable basis, the time and length of the phone calls to be In accordance with family rules. 4. Communicate with the parent openly, honestly and regularly to avoid misunderstandings which are harmful to the child. 5. Plan together as parents, rather than through the child. 6. Plan and consult with the other parent In advance for time with the child. 7. Do not take sides or take Issue with decisions or actions made by the other parent, especially In front of the child. 8. Present a united front on the handling of any problems with the child. 9. Refrain from fighting, arguing, or degrading the other parent In the presence of the child. 10. Refrain from withholding time with the other parent as punishment to the child or to the other parent. 11. Take a consistent and predictable role In the child's life, using time with the child to strengthen a relationship with the child, EXHIBIT "A" 12. Use discretion as to the time and frequency of phone calls to the child. 13. Realize that time with the child and financial support are two separate areas and that one has no legal effect on the other. 14. Except for emergencies, make changes In plans by mutual agreement with reasonable notice to the other parent, 15. Be flexible In arranging dates and times with the child, so these plans do not Interfere with Important family events or prior planned activities of the other parent. - 16. Time schedules with the child should be observed strictly, The late parent should phone, leaving word as to the reason for the lateness and the estimated new time. 17. Refrain from burdening the child with adult worries, e,g. financial, career, social. 18. Behave discreetly with other people In the child's presence. 19. Treat the child as a unique person with respect to feelings and needs. . Credit: Adapted from Guidelines for Separated Parents prepared by the Dane County Family Court System, Madison, Wisconsin, " ,. I ,'1 1/ . 'J 1 ) , I , ) -' h ,;11 .. , , c..' I , I I I \\ 1\ \ I ,'i, ,If DONALD E. MOFFI'l'1', DONALD E. MOFFI'l'1', Plaintiff vs. IN THE COURT OF COOMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1862 CIVIL TERM DENISE MOFFI'l'1', Defendant IN CUSTODY OODER OF aJURT AND NOW, this 30th day of April, 1996, the Concilistor being advised that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case, a_j~ Dawn S. Sunday, Esqu re Custody Conciliator