Loading...
HomeMy WebLinkAbout00-00425 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,."" _""1, ' ~ " " N ">,' J '" '('- '"-"~i>"-i "-_.'" i: , t / . . . . . . . . . ;Eft: '" ;to; '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . STATE OF . . . PENNA. Cynthia M. Mooney . . No. 425 2000 VERSUS . Robert C. Mooney . . DECREE IN DIVORCE . . AND NOW, . . , 2tX>'0, IT IS ORDERED AND DECREED THAT l"ynFhi" M Mnnn..y , PLAINTIFF, . AND Robert C. Mooney , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . 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; . . The parties have executed a Property Settlement Agreement . which shall be incorporated but not merged into this decree. . . . . . J. . . . . . . . .. . . . . .<.' r,.> ... ," 7. /?-&9 M ~ ~caf' ~t? )'/7a;> ~ ~-z;- df" ," " ~ '"' , < ~,".- ., - . . .~ :r . ._"'~"-~_ _ ~., On_ ~ _ __~'" -- 1 ~ ~ - " d"", , I',,~ J' .: .' '-, . CYNTHIA M. MOONEY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE 2000-425 ROBERT C. MOONEY, Defendant PROPERTY SETTLEMENT AGREEMENT This Agreement is hereby made and entered into this d Q +1, day of _A p.,.. i \ , 2000, by and between CYNTHIA M. MOONEY, "Wife," and ROBERT C. MOONEY, hereinafter "Husband." Witnesseth: Whereas, marital differences and difficulties have arisen between the Parties, and Whereas, Parties have separated physically and intended to continue to live apart and desire to forever completely settle, determine and provide for the support of Wife, separation of their marital and nonmarital, real and personal, belonging to either and/or both of the parties hereto and all other rights, entitlements, benefits, and privileges involved between the parties hereto arising directly or indirectly out of the marriage relationship, and Whereas, Parties have had adequate time and opportunity to consult with separate legal counsel of their own, and Whereas, both Parties acknowledge that they are satisfied with the legal advice they have received and understand the full importance of the Agreement they are entering into; Now, Therefore, the parties, in consideration of the foregoing premises, and the mutual promises and undertakings hereinafter set forth, agree as follows: 1. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and CMM RCM fc~/ Page 1 of 11 ~- ,- ,",,: <',- , . , . ~ ~:~ .. '. . she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. FREEDOM FROM INTERFERENCE Each party shall be free from interference, authority and contact by the other as if he or she were single and unmarried except as necessary to carry out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DISTRIBUTION OF VEHICLES Wife shall assume all payments, including all loan, insurance and repair bills connected with any vehicles presently in her possession including, but not limited to, her Expedition. Husband shall assume all payments, including all loan, insurance and repair bills connected with any vehicles presently in his possession including, but not limited to, his F 150 truck. 4. DISTRIBUTION OF POSSESSIONS As of the date of the execution of this Agreement, the parties shall transfer and assign their rights, title, claim and interest in specific property. Wife shall have as her own, free and clear of any claims of Husband, all of the items, household goods, furniture, furnishings, appurtenances, and appliances which are in her possession. Husband shall have as his own, free and clear of any claims of Wife, all of the items, household goods, furniture, furnishings, appurtenances, and appliances which are in his possession. 5. DISTRIBUTION OF PERSONAL PROPERTY It is further agreed that both Husband and Wife shall retain as his or her own any and all personal effects, clothing, and personal jewelry. The parties further agree that any property not assigned in this Agreement as marital or nonmarital property will be deemed CMM CIY}~ RCM JP( /'l . Page 2 of 11 '<;, " . ~'c ,~. ,'" ~ "' ." .' .. , the property of the physical possessor of said property with the exception of those items contained in Exhibit A. 6. RETIREMENT ACCOUNTS The parties shall keep all IRA's, 401k's and other retirement accounts which are held in their names as personal property, free and clear of claims from the other party. Husband specifically agrees to nominate and appoint the parties' daughter, Sierra Ann Foreman Mooney, the sole beneficiary of all Husband's retirement plans until Sierra Ann Foreman Mooney reaches the age of eighteen (18). In the event of Husband's re- marriage, Husband specifically agrees to nominate and appoint the parties' daughter, Sierra Ann Foreman Mooney, as, at a minimum, fifty percent (50%) beneficiary of all Husband's retirement plans until Sierra Ann Foreman Mooney reaches the age of eighteen (18). 7. JOINT ACCOUNTS The parties shall stop using all joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from such accounts. The parties further specifically agree that all bank, savings, cash and checking accounts shall become the sole property of party named on the account. 8. MARITAL LIABILITIES Unless otherwise set forth herein, Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the date of separation. Unless otherwise set forth herein, Wife represents and warrants to Husband that, since the filing of the divorce action, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against him or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein. Unless otherwise set forth herein, Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the date of execution of this Agreement. Unless otherwise set forth herein, Husband CMM ()/YVVI RCM /(('/'1 - I Page 3 of 11 "',=,..'-'~"'- "~'.~ ~ I, - ,.~, .' " represents and warrants to Wife that, since the filing of the divorce action, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. All obligations currently being paid by Husband shall be deemed the continuing obligation of Husband until said obligation is paid in full. All obligations currently being paid by Wife shall be deemed the continuing obligation of Wife until said obligation is paid in full. Notwithstanding the foregoing, Husband agrees that he shall be responsible for the parties' outstanding obligation to the Bane One Master Card with has a current balance of approximately $2,000.00. Husband and Wife have agreed to divide the legal costs in this matter and Husband shall be responsible to pay the remaining balance of the legal fees which are approximately $825.00. Notwithstanding the provisions set forth herein, the parties have agreed to continue to be jointly responsible for the obligations due as a result of the lease of the Ford Expedition for a period of four (4) years or the termination of the original lease agreement. 9. OTHER MARITAL ASSETS During the course of this marriage, Wife purchased a business, Hollywood Weight Loss Centers. Husband has already waived his interest in said business as a result of the execution of a separate document. Husband again, here, waives and releases any interest he has in said business venture. 10. TAX LIABILITY The parties hereto believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on CMM C IY) nJ RCM ~(I'1-j Page 4 of 11 ,.", ,~ ,.,~ ,- _ ,,' '~~ _ o~-'-,'~_ .' , his or her Federal or State income tax return 11. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with Pennsylvania's Divorce Code. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all caused of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any or all caused of action for any breach of any provision of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Pennsylvania's Divorce Code. Notwithstanding the provisions set forth herein, the parties specifically agree that any and all obligations created by this agreement shall not be dischargable by bankruptcy. The parties filing the bankruptcy shall continue to be obligated to the terms of this agreement even after the discharge of a bankruptcy. 12. ALIMONY Both parties mutually waive all spousal support or alimony from the other. Both parties acknowledge and agree that the provisions of this Agreement providing for the waiver of alimony are fair, adequate and satisfactory based on actual need, ability to pay, duration of the marriage and other relevant factors taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce filed by Husband or Wife shall be deemed an order of the court any may be enforced as such, this Agreement, insofar as it pertains only to spousal support and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated or reinstated at the instance of request of either party, or subject to further order of any court upon changed circumstances. Upon that condition, both parties hereby accept the provisions in this Agreement in lieu of and in full and final settlement and satisfaction of all claims CMM ~ ~'<<\ RCM ;1rJ'1 Page 5 of 11 ," .~ ~". "~ ',,', ......"~,i .' '. and demands that either may now or hereafter have against the other for spousal support or alimony and both parties voluntarily and intelligently waive and relinquish any rights to seek a modification, suspension, termination, reinstatement, or other court order with respect to the terms of this Agreement pertaining to the payment of support or alimony. 13. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them. Both parties agree to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees any expenses during and after the commencement of any divorce proceeding between the parties. 14. INCOME TAX RETURNS Husband and Wife agree to joint tax returns for 1999 and 2000, and divide any refunds equally. Each year thereafter the parties shall file individual returns and each parties shall solely responsible for any and all Federal, State and Local tax liability beginning in 2001 and thereafter. Each parties shall have the exclusive right to any and all refunds based on their Federal, State and Local tax returns beginning in 2001 and thereafter. Wife shall have the exclusive right to claim the parties' child as an exemption on her tax returns. 15. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or CMM t\'(\x<'\ RCM~ Page 6 of 11 '" , _ c, . ~ "" " advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 16. AGREEMENT NOT PREDICATED ON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto. 17. SUBSEQUENT DIVORCE There shall be a divorce filed by Husband against Wife in Cumberland County. The parties hereby mutually consent to a divorce and the entering of a divorce decree on the no-fault grounds that their marriage is irretrievably broken pursuant to 93301 (c) of the Pennsylvania Divorce Code. Parties herein shall execute Affidavits of Consent and a final decree in divorce will then be obtained. 18. BREACH AND ENFORCEMENT If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either party in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend CMM b{\'rr\ RCM Iff 1'1 ' Page 7 of 11 =, , " or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. 19. RE-ACKNOWLEDGMENT Each party acknowledges that it may be appropriate and required that this Agreement be re-acknowledged at some time in the future before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, and each party agrees that they will re-acknowledge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment rules and provisions of any such Court. 20. ADDITIONAL INSTRUMENTS Each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this Agreement, and, in the event either of the parties hereto would not join in the execution, acknowledgment and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto as his or her Attorney-in-Fact to execute, acknowledge and deliver such instrument hereby ratifying all that such other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Attorney to carry out the intent and purpose of this paragraph. Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other document whether the same is presently in effect or would become effective in the future. 21. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is no the result of any duress or undue CMM ~ '{'f\ '\'\ RCM J( ('It \ Page 8 of 11 , ,~. " , l,', "' -".,;'" ',- . '"'1, '. influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or their respective counsel. 22. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are not representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. DISCLOSURE Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cognizant of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 24. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver. 2~~ ~~~ Page 9 of 11 " . ~ ',~. ',"' , . '" "' I :'"^, '. , 25. PRIOR AGREEMENTS This Agreement constitutes the entire understanding and agreement between the parties hereto, and there are no other representations, warranties, coverlants, understandings or agreements other than those expressly set forth herein. 26. INCORPORATION INTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such Decree or court order. 27. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 28. INDEPENDENT AND SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. 29. APPLICABLE LAW This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 30. VOID CLAUSES 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 CMM ~ .""~ RCM~ Page100f11 ~. . '. . 31. AGREEMENT BINDING ON HEIRS This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. 32. EFFECTIVE DATE This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on page one of this Agreement. --. 0 +1. In Testimony Whereof, witness the signature of the parties hereto this g day of _A p.. \ \ , 2000. fo/l4- ~ldl/ Witness Cy~~';y /y) rJ .~t1/lh( (lL ~ Jd / WI ess "o~~ CMM RCM fc7t7 Page 11 of 11 ~ . . . '. . . , . EXHIBIT A - ~, ,~~", ", """ ,I, ',:_ - '- '. POSSESSIONS Split up home decor . Split up kitchen wears Split up family pictures agreeable dates and time to remove items MYSELF: Curio Cabinet Bathroom fixtures/Stands (her Mother's) My Microwave Pix Screen in Living Room Rocking Chair/Foot Stool Sierra's other Dresser Bedroom Night Stand (goes w/ set) Outdoor Lawn Furniture Book Case Toys (Sierra's)(NOT ALL) Sierra's Play House (my birthday present) Microwave Stand (my birthday present) Sierra's Infant Clothes Sierra's Crib BOB: Sofa Love Seat His Microwave Dining Room Set Boat Trailer (will be put in his name) Harley Davidson Guns Gun CabiIiet Outside Grill 2nd Microwave Stand TV VCR Outside Dog Cage (unless he doesn't want - I will take) Inside Dog Pen (unless he doesn't want - I will take) Dining Set (unless he wants me to have it) Our Pets (Sparkle- &: Samson)(2 cats)(we- will have-to discuss, I have no place for them now (he does) bud do notwantthem to be- given away. They are Sierra's & mine. Once I move into an . apartment we can discuss this more. >- ~ UI1--:-'; ;.;~t~ \,-, ..; ~'.: {~~'it':.'1 ~ . ,'. u :\~.- L..-.:d' \-. . . o c:: ~ -, ~<( ~-~~ -~ (:)-~ ~~,' ;n ,~::;~ ;:JW 1.DO... -'> '5 b a:: t=) "'" c:. c:_ ~ o :..:) '. " , ... '""" ,. . .....1....._... 1 CYNTHIA M. MOONEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ROBERT C. MOONEY Defendant NO. 2000- 425- IN DIVORCE CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 ( c ) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint served on Robert C. Mooney by Personal Service Januarv 21. 2000 3. Date of execution of the plaintiff's affidavit required by Section 3301 (c) oftheDivorce Code: Mav 10. 2000 Date of service of plaintiff's affidavit on defendant: Mav 10. 2000 Date of execution of the defendant's affidavit required by Section 3301 (c) of the Divorce Code: Mav 10. 2000 4. Related claims pending: None C::V~ Peter J. Russo Date: Julv 5. 2000 :~ ,~ '"-'~~~~~M&>Ri.MiiI~ifu(,;,f~~!>,;"U",>;,}.->',',"",i;~....]i,",~~!;j~~1lIiiiIi1IlII1illlIIIiil~~~~~ L '^"'""-"',-" C') Cl 0 C Cl "Tl s:: <- -OeD c:: -n mrn ..... Z:D ! :'~; ~~:j ZC ~"';: (.:'1 ~.~,~} -'-. :<c; -0 .'-"-' " ~o :3: '~~~~ -c )>c c" -~ -hi ~ :::> 5J -< , . , 11;' ,; ,-" .~ .' JAN 2 6 2~ , , . . CYNTHIA M. MOONEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ROBERT C. MOONEY Defendant NO. 2000 -t.L'1}~ CIVIL TERM IN D1VORCeu'-" ORDER OF COURT AND NOW, this ~~~ day of ~}C\ V'\tla~ ' 2000, upon consideration of the attached Complaint, it is hereb direc d that the parties and their respective counsel appear before . , the Conciliator, at U 00 ..... on the ., o+~ day of mOl r-ch , 2000, at g::. ~D .1L.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. All children age five or older may at the request of either attorney or party, be present at the conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, ~ "~ By: _ X. Ji.lu'(j' ~' Custody Conciliator I The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 J -1-00 ;}'I 'OJ d -/ ()(j . . '. FILFD.-()j=FlCE OF ~:-<H~ ::~i~'J:HON()TARY 00 FEB - I AliI! : S! CU"v'IBi:c'II.,,,,,,. i'(J" 'U. I"Tv , t-"i..J"'\;\lJ v . \I I PENNSYLVAI\JU\ &j. ~ ~ 1; dY ~ ~~'0d#' ~~~ cf/-A4 fit. ~ ,j ~_.c . ", 1III"l'!!""""''"''''l'.~~., ~~ -....~'r"""" " '.' ^"'~ . .1 =,.-~,_jl~\!j!?!l""';"~lri~~~IlIm!I>!'" ., < ,.._,1_ .. CYNTHIA M. MOONEY Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT C. MOONEY Defendant NO. 2000- IN DIVORCE CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case 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, Cumberland County Court House, Carlisle, Pennsylvania. 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. Cumberland County Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 I .. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 CYNTHIA M. MOONEY Plaintiff Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2000 - 'i.;)~ CIVIL TERM IN DIVORCE ROBERT C. MOONEY Defendant COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, the above-named Plaintiff by and through her attorney Peter J. Russo, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is an adult individual residing at 400 Middle Road, Newville, Cumberland County, Pennsylvania and is a citizen of the United States. 2. Defendant is an adult individual residing at P.O. Box 316, Landisburg, Pennsylvania and is a citizen of the United States. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for 30 years and has resided continuously therein for at least six months prior to filing of this Complaint. 4. Defendant has been a resident of the Commonwealth of Pennsylvania for 40 years and has resided continuously therein for at least six months prior to filing of this Complaint. L_=t .' 5. Plaintiff and Defendant were married on August 22, 1993 in Shippensburg. 6. There is 1 child of the parties under the age of eighteen (18): Sierra Ann Foreman Mooney born April 1 , 1996 COUNT I - DIVORCE 7. Plaintiff hereby incorporates by reference averments 1 through 6 of this Complaint as if each averment were set forth fully hereunder. 8. There has been no prior action for divorce by either party against the other. 9. Neither Plaintiff nor Defendant is in the Armed Forces of the United States or any of its allies. 10. Plaintiff avers that the marriage between the parties is irretrievably broken. 11. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling, but does not request the same. 12. Plaintiff and Defendant have property which will be subject to a property settlement agreement addressing support issues, which will be filed herein at the appropriate time. WHEREFORE, Plaintiff, CYNTHIA M. MOONEY, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree in divorce be entered dissolving the marriage between the two parties. COUNT II - CUSTODY 13. Plaintiff hereby incorporates by reference averments 1 through 12 of this Complaint as if each averment were set forth fully hereunder. J~'l .' 14. Plaintiff is CYNTHIA M. MOONEY residing at 400 Middle Road, Newville, Cumberland County, Pennsylvania. 15. Defendant is ROBERT C. MOONEY residing at P.O. Box 316, Landisburg, , Cumberland County, Pennsylvania. 16. Plaintiff seeks custody of the following children: Name Sierra Ann Foreman Mooney Present Residence 400 Middle Road Newville,PA DOB April 1 , 1996 17. The child was not born out of wedlock. 18. The child is presently in the custody of the Plaintiff, who resides at, 400 Middle Road, Newville, Cumberland County, Pennsylvania. 19. In the last five years the children have resided with the following persons and at the following address: Name Plaintiff & Defendant Address Mt. View Terrace Newville, PA Dates 4/96-10/97 Plaintiff & Defendant Grandmother Middle Road Newville,PA 10/97-4/99 Plaintiff & Defendant 4/99-7/99 Landisburg, PA Plaintiff & Defendant Grandmother Middle Road Newville,PA 7/99-Present 20. The Defendant, the father of the child, is residing at P.O. Box 316, Landisburg, Pennsylvania. He is married. 1- 21. The Defendant currently resides with the following persons: Name None Relationship 22. The Plaintiff, the mother of the child, is residing at 400 Middle Road, Newville, Pennsylvania. She is married. 23. The Plaintiff currently resides with the following persons: Name Joyce Ann Foreman Keith Dumont Relationship Mother Friend 24. Plaintiff is not participating as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 25. The Plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 26. The Plaintiff does not know of any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 27. The best interest and permanent welfare of the child will be served by: a) Retaining Mother as the primary physical custodian. WHEREFORE, Plaintiff requests this Honorable Court to order that the parties: ~'d, Peter J. Russo 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 - Date: ,Jul ~ . , PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 CYNTHIA M. MOONEY Plaintiff Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ROBERT C. MOONEY Defendant NO. 2000- IN DIVORCE CIVIL TERM VERIFICATION I, CYNTHIA M. MOONEY, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. s4904 relating to unsworn falsification to authorities. Date: \ (:a \ a av-o J,' ""iMJlllIil ~. ." .~. '~!.~"""""""'-~l~~ IJI~Ii.ii~;\!l;>:J,.,,~.~,!iol1l :.a," 0"' ~, """""'- :DQ ~ "*' v -- -.. ~ ~ BB ~ ~ ~ ~ g~ ~ S "'1:1 <::::J ~'~ .", , , (') a 0 c: 0 " ;;;: L.. ~ -~-t -OU'" )p m(fl ~ ttl fJJ Z:rj ,~ zr'- N -'JfT! (f) k~ .;;:-- ~~~ .h --< ~::.. CO ..." );; ~. zO _'<I~ -=0 N Cjffl PC: ~ U1 ~ CD -< 1 I ~. -'c<_' . PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Attorney for Plaintiff CYNTHIA M. MOONEY Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - if?:b CIVIL TERM IN DIVORCE ROBERT C. MOONEY Defendant ACKNOWLEDGMENT OF SERVICE OF COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, Defendant. ROBERT C. MOONEY, and does hereby acknowledge that on the date indicated below he did receive a verified copy of a Complaint in Divorce filed against him in the above captioned case. -d:&r? ~ ROBERT C. MOONEY - DATED: jl)f/~otJQ ;;;":'::,i;,-;'- -f1~-~~~liilllli~"'1~''''''''''''''~~t~IB~~~'''~" .- ~'" .~- ~" '0 1ItMilllI1lli&I''-~ ~ ~-~,--. . ^ ~'.1 0 0 0 c 0 -o~ -11 .." :::;j mCU ", 2m 0:> h'i;2] .oJ ze,:- I .--:;:2fn (J). -,,'L, . _,,;0 r..::c~' :.), ~ ~, '"tl ~() 20 :JI: ':&:B ~o t>? ss2c) Pc om Z ,..., =< P --I :0 --< ,1____.. CYNTHIA M. MOONEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ v. CIVIL ACTION - LAW ROBERT C. MOONEY Defendant NO. 2000- 425- IN DIVORCE CIVIL TERM PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIvORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 24, 2000. 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 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's Office. 6. 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. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Cynthia M. Mooney, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. 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. 9 4904 relating to unsworn falsification to Authorities. ) J~A_ocd /~I4.- -;' r~Y o;(TE CYNTH I . !VJ0'ONEY ~' fl' - ^~..--..'''''tli(>Jiiilfa)Q:t!li "flG_~~~~~J..Jn,--,~k,ID. --. ,,, >,"',~,~...., ~",,'~ -. '" .,. 6: en 2: ;::s C":' ~~~: lj.JQ ~1~~ .. :;'(.iI QC5 ::c '< ~E Q.. -' :::::1 ::~i Xu lor:) :~~~j tctt~ ...Jt< i >- O.:Z u.. - ~i:5 5:! :1.: "'" r-' :c ~~ u.. 0 =J 0 Cl 0 l ~ , . CYNTHIA M. MOONEY Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT C. MOONEY Defendant NO. 2000- 425 IN DIVORCE CIVIL TERM DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 24, 2000. 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 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's Office. 6. 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. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Robert C. Mooney, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. 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. S 4904 relating to unsworn falsification to Authorities. ~ /'~/ .2~cJO' DA E ~~ ROBERT C. MOONE . 1~~Ill~~,~~ii:l:l!l!l!t~:!illm!ilil!<""''''''Ai,''-'--,"&.".",l,.'Iii;'t<l'~:~''''''''''''' . .>~~I" Wll~ia' 11ilimj """"-,.. Jlliliib.l .' " '" " " ....... c. 0 0 C- c..... -~ .~ " ::-- :-11: ~-;3 ri~m "" ,.. -< :'1-;; ::D '"7'O'rJ . 'r ~~~ .-~fT1 <"/1 '"'9 C'),r- ~o "'0 :"I"J~ ~~f :J;: rS:n .o-;:il 0 z :..:> :;;! """ -< '0 ::0 -< . MAR 1 7 2000 /:i) CYNTHIA M. MOONEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ROBERT C. MOONEY, Defendant NO. 00-425 CIVIL IN CUSTODY COURT ORDER .,/1 AND NOW, this 1ft day of March, 2000, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. BY THE COURT, ._~~. mEik.a1ll ~ ... -'"~ .. -~;.". , ~ "~~ '"'"~-~. - .~.._.. "~"~'''''liiil'~ 'ilN\li\'\\SNN3d }JNflOO ON'f\ti39\f.\\1'0 o~ ~Z ~d L\ u~'rI QQ .\M10'V\'"("'" -,' .J.() f\Q"J..U11V0.1-~)t'-:;d ;~; tL. JV 3::l\;\:(rGill\:l ..- .,. . . ~ CYNTHIA M. MOONEY, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ROBERT C. MOONEY, Defendant NO. 00-425 CIVIL TERM I~ ORDER OF COURT AND NOW, this 2(, day of April, 2000, upon consideration of Plaintiff's praecipe to transmit record, and it appearing that the affidavits of consent pursuant to ~3301(c) of the Divorce Code were executed and filed prior to the passage of 90 days from the filing or service of the complaint, a divorce decree will not be entered at this time, without prejudice to Plaintiff's right to submit a new praecipe to transmit record after correction of the deficiencies. BY THE COURT, Peter J. Russo, Esq. 61 West Louther Street Carlisle, PA 17013 Attorney for Plaintiff :rc . " , . CYNTHIA M. MOONEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2000 - 4z.S CIVIL TERM IN DIVORCE o illM 7~C'- ROBERT C. MOONEY Defendant CUSTODY ORDER I (/~ .' .':: 0,) r.".':;~ tj -n ~;8 )> C:: r:Y 2: :;:) , 2000, upon considataticm AND NOW, this '3~ day of 1--~ 1" r-':>Ll1 of the within Stipulated Custody Agreement, IT IS HEREBY ORDERED AND DECREED THAT: 1. Cynthia M. Mooney shall have legal custody of the parties' minor child, Sierra Ann Foreman Mooney, born April 1 , 1996. 2. Cynthia M. Mooney shall have primary physical custody of Sierra Ann Foreman Mooney. 3. Robert C. Mooney shall be entitled to liberal periods of visitation, as the parties mutually agree, which, at a minimum shall include: a. Alternating weekends which shall commence on Friday after day care and end Sunday afternoon at 2:00 p.m. 4. Robelt C. Mooney shall provide transportation during the agreed upon periods of visitation. 5. If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing her rights under this Agreement. C> a -.,., '-'~'l U) o -;1 ;.~j ; '~;R ~_:' 1"T", - . :--J () ~_~ 0"1"; ~~:~~ (:,")('('1 ~ ::n -< -"f. 6. Neither party shall do anything which may estrange the Child from the other, or injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love or affection for the other party. 7. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 8. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor Child and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 9. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 10. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. BY THE COURT, ,Judge Robert C. Mooney, Pro Se Peter J. Russo, Esquire CYNTHIA M. MOONEY Plaintiff ROBERT C. MOONEY Defendant v. " ".' " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- IN DIVORCE CIVIL TERM STIPULATED CUSTODY AGREEMENT AND NOW, comes the parties in the above-captioned matter, to wit, Cynthia M. Mooney, represented by Peter J. Russo, Esquire and Robert C. Mooney, after being provided the option of obtaining counsel, remains unrepresented, and request that the attached Order of Court be entered by the Court, by stipulation of the parties. NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby, place their seal: Cynthia M. Mooney )' /, /, i) J ; ,/10.. !i.tt~ t...' Witness for Cynthia M. ney Date: / ~ / /02.-000 / / RO~~~ Date: / /-3',-// ::1 OM / '='0 -"" _.....'....,"'"'"'~,'" ., , 1l4IllliIIi~.-.-ilIl~_k&~~lliJ~~ -~, !liIIIlIW" . ~ .~... ,. .. .. ", (') 0 0 c 0 -n '5:'. ..." --' .." -00:1 <"'1 6-1~ rn,n CO Z:J:' 1 .-n\-n -,~ ';9 .L:-.'""... ~z , ::10. ~o -0 ....,- -j"\ cs:D 'J'--::; 3 ZO Z"--- ---u is> Om >c: -1 :z; ~ =< CO ~ ...Il" ~~~;,- MAR 3 1 2003 ~ CYNTHIA M. MOONEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. . . . , ROBERT C. MOONEY Defendant CIVIL ACTION - LAW NO. 2000 - 425 CIVIL TERM IN DIVORCE ORDER AND NOW this ~ day of -'-p..h.l2003, it is hereby ORDERED and DIRECTED that a hearing be scheduled on the Petition for Special Relief, on td day of or L ,2003, in courtroom # / , in the Cumberland County CourthouseJZ-t- 3!.3o p fJ1, BY THE COURT: cc: Barbara L. Wevodau, Esq. Cynthia Mooney (Dumont) Peter Russo, Esquire ~ ~ 1~OJ-0-3 ~, ,-~'-r1~ Jf/tl4.3 M../ "" ~-l>l.'&il6.....,....~.,~-_,",,",-"'J.-MIii&1iI~_il,~.t;jt~.""611ii!lili-'~" ~~ ViNV,1\lASNN3d AlNnC() CNil;:Ei8lllnO Cl.~ :!,;' _v , ~{d ,M:iV.LC:. ~l, 3:;;.::1-:: D ;'"~:: " ~ -~. /- " cd'if SO .Jr', ~ ..~, -~1~ ~~ ~ . CYNTHIA M. MOONEY, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. ROBERT C. MOONEY, Petitioner NO. 200-425 CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW comes Petitioner, ROBERT C. MOONEY, by and through his cOllllSel, Barbara L. Wevodau, Esquire, to motion tlris Honorable Court for Special Relief and avers the following: 1. Petitioner currently resides at an address of P.O. Box 316, Landisburg, Perry County, Pennsylvania. 2. Respondent currently resides at 436 C Street, Carlisle, Cumberland County, Pennsylvania. 3. On February 3, 2000, a Stipulated Custody Agreement was entered into by the parties with regards to the minor child, SIERRA ANN FOREMAN MOONEY, born April 1, 1996. (See Exhibit "A"). 4. Pursuant to said agreement, Respondent would have primary physical custody of the minor child. 5. On February 25, 2003, Respondent had left her residence with the minor child at approximately 2: 00 a.m. for the restaurant, Gingerbreadman, located in Carlisle saying she wanted the police but when they were called, refused to talk to them. 6. The minor child was in her sleepwear and without shoes appearing that she was awaken and removed from her bed. 7. The Respondent's Husband, who was home at the time, was not aware that she had left the residence, the front door was open and 1he alarm was triggered. 8. Respondent claimed 1hat she wanted to leave the house because "strange things were happening" when interviewed by 1he police officer who responded to 1he Gingerbreadman restaurant. 9. Respondent also was wearing a panic alann and a key to a safe where she keeps a .357 lightweight gun at 1he time of the interview. 10. Respondent was checked into the Carlisle Hospital and later a hospital in Lancaster. II. Petitioner is concerned for the safety of the minor child due to the erratic behavior of the Respondent. 12. The officer noted that Respondent appeared disorganize, believes someone is out to get her and complained of her skin turning yellow, her skin swelling and wanting to pull her fmgernails out. 13. Attached is the Police Report regarding the incident. (See Exhibit "B"). WHEREFORE, the Petitioner believes it would be in the minor child's best interest for primary custody to be granted to him for the safety and stability of the minor child. Date: jk/~3 I / /32,~O~ orney for Petitioner Barbara L. Wevodau, Esq. Supreme 10# 85673 P.O, Box 459 New Bloomfield, PA 17068 (717) 582-8883 .'J ^~- L..."_.~ CYNTHIA M. MOONEY, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. ROBERT C. MOONEY, Petitioner NO. 200-425 CIVIL TERM IN DIVORCE VERIFICATION I verify that the statements made in the attached Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. 4904 relating to unsworn falsification to authorities. Date: .3/,;LtJ/..:?/Jd3 / / ~~ 'Robert C. Mooney CYNTHIA M. MOONEY, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. ROBERT C. MOONEY, Petitioner NO. 200-425 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Barbara L. Wevodau, Esq., hereby certifY that, on 1his date a true and correct copy of the foregoing Petition for Special Reliefwas served upon Cyn1hia M. Mooney (Dumont), Plaintiff in the above-captioned matter, by mailing said Petition via first class mail with postage paid from the New Bloomfield United States Post Office to the following address: Cyn1hia Mooney (Dumont) 436 C Street Carlisle, PAl 70 13 A omey for Petitioner Barbara 1. Wevodau, Esq. Supreme ID# 85673 P.O. Box 459 New Bloomfield, P A 17068 (717) Date: shlk3 I / ~ - -~~.~- , ~ ""'" ~1 ~ """'L H:.b ~ 2 ZOO~.") ~' CYNTHIA M. MOONEY Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - Lt1...5' CIVIL TERM IN DIVORCE ROBERT C. MOONEY Defendant CUSTODY ORDER AND NOW, this J J day of -,iJ.lJ 1 J t'l h r of the within Stipulated Custody Agreement, , 2000, upon consideration IT IS HEREBY ORDERED AND DECREED THAT: 1. Cynthia M. Mooney shall have legal custody of the parties' minor child, Sierra Ann Foreman Mooney, born April 1 , 1996. 2. Cynthia M. Mooney shall have primary physical custody of Sierra Ann Foreman Mooney. 3. Robert C. Mooney shall be entitled to liberal periods of visitation, as the parties mutually agree, which, at a minimum shall include: a. Alternating weekends which shall commence on Friday after day care and end Sunday afternoon at 2:00 p.m. 4. Robert C. Mooney shall provide transportation during the agreed upon periods of visitation. 5. If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the ot~~r party in enforcing her rights under this Agreement. EXffi13J'j 11 L." ___.__ ..-'--___ ~ elf',' 6. Neither party shall do anything which may estrange the Child from the other, or injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love or affection for the other party. 7. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 8. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor Child and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 9. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 10. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. Robert C. Mooney, Pro Se Peter J. Russo, Esquire -:~',"; r ,,..~ C '~'; '. . ~. h1 -: :i"\,fl:>-l'j v..'rLi';t>r I h and ,he s3al of said Couri i'.' T~i~ ......,?.......,96~..... :. ........~.(]. .. " . ...:1:f..~.,... , rothonotary '0 SE:l' my ha~)~ "arlisle, Pa. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYNTHIA M. MOONEY Plaintiff ROBERT C. MOONEY Defendant NO. 2000- IN DIVORCE CIVIL TERM STIPULATED CUSTODY AGREEMENT AND NOW, comes the parties in the above-captioned matter, to wit, Cynthia M. Mooney, represented by Peter J. Russo, Esquire and Robert C. Mooney, after being provided the option of obtaining counsel, remains unrepresented, and request that the attached Order of Court be entered by the Court, by stipulation of the parties. NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby, place their seal: 4/'~5'G~ '/ /'J7c~~/ Cynthia M. Mooney / -// --;1/1~,f/O $~ Robert C.Mooney \ . r / < I.' .-') II /1, / / ':; i '....i...:., L. i I. I t{) "f:-.U i./ Witness for Cynthia M!vMo6i1ey , Date: / ~ // .;.;UJOcJ / / r Robert C. Mooney Date: //3-// -:1CJtJI'J I - -~ , , (DISIPINC) DISPATCH INCIDENT: 20030200963 CAR CALL TYPE: ALARM RECEIVED RLH1 UCFPCBR1 PAGE: 1 LOCATION GRID CCL UCR IPG DISPO PRI ------------------------------------------------------------------------------ 00436 C STREET 0100 559 0000 Y 06 1 ALARM CTAK DPAT VEH-REGISTRAT MAKE DATE RECV DISP ARRV CLR TOTT REP ------------------------------------------------------------------------------ N RLB2 RLB2 PA 4MOONSI 20030224 0043 0044 0046 0254 0131 N UNlT BADG OFFICER --~--------------------------------------------------------------------------- 11 11 TILDEN DAVID H 20030224 0044 0046 0137 25 25 ROGERS DAVID J 20030224 0044 0046 0137 36 36 MCCOY KENTON D 20030224 0044 0047 0150 18 18 DALE ERIC W 20030224 0044 0047 0254 26 26 HOGARTH JOSEPH N 20030224 0044 0047 0137 23 23 HEREDIA ADOLPHO T 20030224 0044 0047 0254 38 38 GRIEST BRENT R 20030224 0044 0047 0137 19 19 MACE ALAN R 20030225 0044 0047 0125 NAMES: ADT GXL (R) 877 238 7736 ALARM CO DUMONT KEITH (0) 717 226 1282 HOME OWNER 3/11/64 G-MAN KATIE (R) 000 249 6970 G-MAN EMPLOYEE MOONEY ROBERT C (0) 000 258 7243 LEAR CORP EMPLOYEE, BOX 316 WATER ST. LANDISBURG PA. PH:789-2408 DUMONT CYNTHIA F (0) 717 226 1286 WIFE 8/8/69, SOC:187-64-2754 FOREMAN-MOONEY SIERRA A (0) 000 000 0000 DAUGHTER AGE 6 COMMENTS: AnT REPORTING A RESIDENTIAL HOLD UP ALARM AT 436 C STREET. ALARM CO ADVISING THIS IS A PANIC TYPE BUTTON ON THE CONTROL PANEL THAT WAS ACTIVATED BY SOMEONE INSIDE THE RESIDENCE. ALL UNITS RESPONDED. 0052 ERS SGT MCCOY ADVISING WIFE AND DAUGHTER MISSING FROM THE HOME WITH A FORD EXPLORER. . 0056 HRS RECEIVED A CALL FROM KATIE AT THE G-MAN REPORTING A WOMAN AND HER DAUGHTER CAME IN ASKING FOR THE POLICE. KATIE STATES MOM REFUSES TO COME TO THE PHONE. KATIE ADVISED SHE HAS A 8-9 YEAR OLD WITH HER AND IT APPEARS THAT THE CHILD WAS GOTTEN OUT OF BED - NO SHOES, SLEEP WEAR. . FRONT DOOR HANGING OPEN, KEITH ASLEEP IN HIS ROOM AND WOKEN UP BY 11. DAUGHTER MISSING. WIFES COAT AND CELL PHONE ON COUCH. KEITH SAYS THEY ALL HAD THE FLUE, SHE GOT THREE KINDS f,: ..." IEk#/jJ/r 'ii. li~';>;fuiW.k~1<i-.<:iii:!1~~j&.,~~,W&;:,);,b,. (D1SIPIN~) DISPATCH INCIDENT: 20030200963 CAR OF MEDICINE FROM DR HUFF AND APPARENTLY HAS REACTIONS WHEN TAKING ALL THREE. SHE HAS BEEN GETTING PARANOID. THINKS THE NEIGHBORS ARE WATCHING THEM AND ONE MAY BE A PERVERT OR SOME- THING. HUSBAND WAS TAKEN TO GET THE CAR WHILE OFFICERS WORKED WITH WIFE AND CHILD. X I SPOKE TO CYNTHIA MICHELLE FOREMAN-DUMONT WHO STATED SHE WANTED TO LEAVE THE HOUSE BECAUSE "STRANGE THINGS WERE HAPPENNG", IE.. LIGHTS COMING ON, PEOPLE LOOKING AT HER, NOISES COMING FROM UPSTAIRS, CAMERA ANGLES IN FRONT/BACKYARD BEING CHANGED, AND SHE THINKS SOMEONE IS GETTING IN THE HOUSE. DUMONT WAS BROUGHT ON STATION AND HER DAUGHTER'S BIOLOGICAL FATHER, ROBERT MOONEY WAS CONTACTED AT LEAR CORP. TO ARRANGE FOR PICK UP OF SIERRA MOONEY, W/F/6. IT SHOULD ALSO BE NOTED THAT DUMONT INDICATED THAT SHE HAS A PANIC ALARM BUTTON THAT SHE WEARS AROUND HER NECK ALONG WITH A KEY TO A SAFE WHERE SHE KEEPS A (.357 LIGHTWEIGHT GUN) ************************************************** THE GUN IS SUPPOSED TO BE LOCKED UP IN A SAFE IN HER BEDROOM. ************************************************** I THEN CONTACTED DUMONT'S MOTHER, JOYCE FOREMAN AT PH:776-6653, WHO ADVISED ME. THAT DUMONT HAS BEEN TAKING SOME TYPE OF MEDICATION THAT IS BELIEVED TO BE A BARBITUATE OR HALLUCINOGEN. NO ONE COULD PROVIDE THE NAME OF THE MEDICATION. X ROBERT CHARLES MOONEY CAME ON STATION TO PICK UP SIERRA AND ADVISED US THAT HE HAS SEEN A GRADUAL DETERIORATION IN DUMONT'S BEHAVIOR OVER THE PAST YEAR AND BELIEVES IT MAY BE ATTRIBUTED TO HER MOTHER'S DECLINE IN HEALTH, (CANCER). X CARLISLE HOSPITAL CRISIS CONTACTED AND AN AMBULANCE WAS DISPATCHED TO TRANSPORT DUMONT FOR TREATMENT. X IT SHOULD BE NOTED THAT DUMONT IS 10-96 AND HER THOUGHT PATTERN IS VERY DISORGANIZED AND SHE TALKS ABOUT A LOT OF DIFFERENT THINGS AT THE SAME TIME, BELIEVES SOMEONE IS OUT TO GET HER AND NO ONE BELIEVES HER. WHILE ON STATION DUMONT COMPLAIN ED OF HER SKIN TURNING YELLOW, HER SKIN SWELLING AND WANTING TO PULL HER FINGERNAILS OUT. RLH1 UCFPCBR1 . PAGE: 2 WilI~tIliIl!l:~1t' ~""'_'-"'''''''-\'''~,l.'''',y~,~~"".-..~'' ~ -= -~iiliiilli:'~'""- ~.= '. " "'(.) ~1 - - l>..J W , 6"'- o Crt w - ~'oi.-~~.iti ""s.. (3 o () r 1 o c- ;;:.... -o(t'j rnrn '7;::1"1 6; ~~~ -r"~.' r:: r".~, -... . ~C": 4,.,1'--' >c Z =< J""'< J . Cl G) :x 1;:'.;:11- :::0 f'.j CO "0 ~"'''' .~ o 'T' --< ~~~ r~ , ~~~~ --~~ "- ~ ,Sm .~ S'J ---< ':? c.n CYNTHIA M. MOONEY Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT C. MOONEY Defendant NO. 2000- 425- IN DIVORCE CIVIL TERM DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301 Ie) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 24, 2000. 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 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's Office. 6. 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. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Robert C. Mooney, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. ",' ~-, I verify that the statements made in this Affidavit are true and correct. I understand thatfalse statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to Authorities. ~4/-<'dd(} D TE" , ~iiill:~~~iMliWt,,",,~_~!lIWll:"'.lM~l&lIM>Ibd!~~""'~~""'''ffi!'-~' .-,....iJlliI, ~__~~~Ijl~ ffiJio_i1:.';JI'i ~~~. o ,..- -ot~ n-il"l": 2-" ;ZC', ~:'7". ~C) ~~l 7- :2. ~-.~ ,- C:) ~ ~J -,;.-;;::::; f''',.) C' ~ij -- :::> (..II ~ ,. CYNTHIA M. MOONEY Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT C. MOONEY Defendant NO. 2000- 425- IN DIVORCE CIVIL TERM PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 24, 2000. 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 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's Office. 6. 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. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Cynthia M. Mooney, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. 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. 9 4904 relating to unsworn falsification to Authorities. L~ (i27~~r CYNT~A M~OONE "&A= DyfE ~,"~-",-",,~ji,--;""""'" ~ "~;;fu",,,",,'~ll"lliYd_,,"~.",;J"_lI\i>1.w- .~. " " -., '~;ljllllllll~"-~ (') c::: C c::.:' :::-.::" T.'>' "U 8-' -':.J lTl iT' ~\) ~. Z .::t'j -',"- ~~ 1',) ~? -;7 Ci ''I ~ C:. - -~ .J':-- '. -./ ~~ {-: '--.' (-'j ~ c ~~i "'-:-:, ::> :n -< -< - " "" J~.' ~ " CYNTHIA M. MOONEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ROBERT C. MOONEY, Defendant 2000-425 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 23rd day of April, 2003, upon consideration of Defendant's Petition for Special Relief, and pursuant to an agreement reached in open court between the Plaintiff, who was present with her counsel, Peter J. Russo, Esquire, and the Defendant, who was present with his counsel, Barbara Wevodau, Esquire, and with respect to a mental health examination of the Plaintiff prior to the custody conciliation conference referred to in the Order of Court dated April 8, 2003, it is ordered and directed as follows: 1. Plaintiff shall, at her expense, have a mental evaluation conducted by a psychiatrist. The findings of that evaluation shall be distributed to counsel for both the Plaintiff and the Defendant. In the event said evaluation cannot take place prior to the scheduled conciliation in May, either party may request a continuance of the conciliation in order to complete the evaluation. Plaintiff shall have no more than 60 days to complete the evaluation. 2. In all other further respects, the Order of Court dated April 8th, 2003, shall remain in full force and effect pending the custody conciliation conference. liIlIIiiI~'''''''''''''''"''''''iMl~_I.iIi~I011' IIlK.....Ji:j~Wl>rub1@',toofu:!t""-~k",*'-"4._!U"'~ ",- -....~". IillIJl , \-fi!\l\;l!ilASNN3d '\l~lr'''I'' nk,n,r;0j'W1' /" I \.,11..,1... " . 'd,.n ,-.} S~:[Jl In! 6Z JdV CO Abv1l~:~)1~,~.'b-~~(1~!-f~~~ '1 L .n .J\-' ,..~ ,..--'>',,~ ..."~ I ,.. ( m "," ~. " k Esquire J Russo, eter . Avenue 4 Liberty A 17013 Carli epl:intiff For he . Esqulre Wevodau, 17074 arbara Rt 34 mfield, PA New BhlooDefendant For t e :mae the Court, By J. '7 Le1f:O~ f0( R1\S CJy-~q~63 \ -" "-,.- ^," ... JUl 2 9 2003 t CYNTIDA M. MOONEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ROBERT C. MOONEY, Defendant NO. 2000 - 0425 CIVIL IN CUSTODY COURT ORDER AND NOW, this ']A-l day of :r \,) t..., , 2003, upon consideration of the attached Custody ~ation Report, it is ordered and directed as follows: 1. The parties shall submit themselves to a custody evaluation to be performed by an evaluator selected by the Father. The Father shall incur the costs with respect to the evaluation. However, the evaluation shall be an independent evaluation and the evaluator shall have the ability to share the results of the evaluatiou with legal counsel for both parties. Upon the conclusion of the evaluation and in the event the parties are unable to reach an agreement at that time, legal counsel for the parties may coutact the conciliator directly to schedule another custody conciliation conference. 2. Pending further order of this court, this court's prior order of February 3, 2000 shall remain in effect. BY THE COURT, \J. cc: ~ Russo, Esquire ~rbara L. Wevodau, Esquire --1 ~. ~ J~IllW""~" >- t"'r~ ~ ~~ C'i'C'. TC:' 0['. WCL :.::diU W- ::,.~ ~ f-' I.J.... o ~ -~~-~~~~~ C'-J t';., ("; 1C c... >- ~< ,,)Z .)~ .:l::-:l '''7>- ,~(/) ".""2 CCZ :~.JLU .:.0 0- "'''; :s u CI M -' :=> ...., ('''> o .... " I ] I I I , I i I i i I i ,T' "" . . , ~ I" ~ '~ CYNTHIA M. MOONEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ROBERT C. MOONEY, Defendant NO. 2000 - 0425 CIVIL IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Sierra Ann Foreman Mooney, born April 1, 1996. 2. A Conciliation Conference was held on July 18, 2003, with the following individuals in attendance: The Mother, Cynthia M. Mooney, with her counsel, Peter J. Russo, Esquire; and the Father, Robert C. Mooney, with his counsel, Barbara L. Wevodau, Esquire. 3. The parties agree to the entry of an order in the form as attached. '7/:;;' ~ () 3 DATE - ) . ~ CYNTHIA M. MOONEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ROBERT C. MOONEY, Defendant 2000-425 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 8th day of April, 2003, upon consideration of Defendant's Petition for Special Relief with respect to custody of the parties' child, Sierra Ann Foreman Mooney (date of birth April 1, 1996), and following a hearing at which Defendant appeared and was represented by Barbara L. Wevodau, Esquire, and at which neither Plaintiff nor her putative counsel, Peter J. Russo, Esquire, appeared, and the Court having been unable to contact Mr. Russo directly to determine his status and position in the matter, it is ordered and directed as follows: 1. Defendant's periods of partial custody with respect to the child, pending further order of court, are definitively determined to be on alternating weekends from 3:00 p.m. on Friday, until 2:00 p.m. on Sunday; 2. The Court will attempt to arrange a conference call with counsel for Defendant and Mr. Russo with a view toward arranging for a medical/mental evaluation of Plaintiff; 3. The Court will entertain a further petition for special relief on the part of Defendant or an initial petition for special relief on the part of Plaintiff as counsel deem appropriate. 4. The underlying issues raised in the petition for Special Relief presently before the Court as they pertain to a permanent custodial arrangement are referred to the custody conciliation process, and the Court Administrator is requested to ~~~~I ~- ~1.1llII~'~"'''''''''i'''J...,,__ ._~",...~: -. = ~l . V;NV/\1},S\\~N3d ; It,,\rii'''t'~l ' .PFliNn:) 1".1.1'-'1 c'," .- ~ \ .~ '~3 .0 1 nl l';b c '<, Pj r'0U (1(; I" (,,- \!~'\'I:."J':-,I-l .1 :'" -:iO f\tJ,l'u ,~." . ," :YJ\A~.G" L. ...... 1'. '- ,) ," " I, il"o facilitate an expedited custody conciliation conference in this matter because of concerns about Plaintiff's mental health. Cynthia M. Mooney 400 Middle Road Newville, PA 17241 Barbara L. Wevodau, Esquire Rt 34 New Bloomfield, PA 17074 For the Defendant Peter J. Russo, Esquire 4 Liberty Avenue Carlisle, PA 17013 curtesy copy Court Administrator pcb By the Court, ~ ~ ,-/_/5-D3 ~. . ~" I I CYNTHIA M. MOONEY, : Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ROBERT C. MOONEY, Defendant NO. 00-425 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of April, 2003, upon relation of Peter J. Russo, Esq., that he is not representing Plaintiff, a further hearing on Defendant's Petition for Special Relief is scheduled for Wednesday, April 23, 2003, at 3:00 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. Cynthia M. Mooney 436 C Street Carlisle, PA 17013 Plaintiff, Pro Se Barbara Wevodau, Esq. Rt. 34 New Bloomfield, P A 17068 Attorney for Defendant ~ ~ ';~/,/D3 r+. Courtesy Copy: Peter J. Russo, Esq. 4 Liberty Avenue Carlisle, PA 17013 :rc ~lili*!lIHOl1N__'-li~'itild!di1~tJ;~M"'I(,*r.\l#""-':_.<JI'~",..ti>>Ji'-~Iil;J! ,~ "., -".""""~ -- V1NVI';1JSi\!N3d - --......'----'^'n'" \ ll',y-"("\' 1 . ~:'.",:- :,,'i_'e,q, ~\ ;J ".1.1',;1'_.1.,. .'. ',,," LU " ~ '--I [; \~~ ,?J ., '1" . '~IillllIlil-*lll1llll "'..-. .- "~BllIliil ~,~ - L~ . i CYNTIllA M. MOONEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 00-425 CML ACTION LAW ROBERT C. MOONEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, April 21, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Tbursday, May 15, 2003 , the conciliator, at 2:00 PM 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 defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish auy and all existing Protection from Abuse orders, , Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!;. FOR THE COURT. By: /s/ Hubert X. GiZrQY, Esq. Custody Conciliator 1/ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberl8nd County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~ , F,'Lf[)-n=i='("1= , ...-i [,.1... O~ T' '.. """-,.." I^-O RY I ;,t,'. i"!"l,I!:.(,}\,\}IA- O':t I""" 2:. pl.' ""'7 v if r\ "'t n ~). u CUMBEHu{i'.Jj COUNTY PENNSYLv'At-~IA IIdt(.CB W.~ ~ t; w4 ~ t.;',JCf-tJ.J ~ /U~ ~ 4~t!-s:'.46 LI';)Lf't/3 ~ ~~. fI-~ # ~~ _0' - ~'_'F'"""""~M~1~1I!II'/!I'!lIlI .=-,."<.~~~ ~ ~ ~~~, ............~ >-J<: , APR 1 6 2003 if , CYNTHIA M. MOONEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ v. CIVIL ACTION - LAW ROBERT C. MOONEY, Defendant 2000-425 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 8th day .of April, 2003, upan consideratian .of Defendant's Petitian far Special Relief with respect to custady .of the parties' child, Sierra Ann Fareman Moaney (date .of birth April 1, 1996), and fallawing a hearing at which Defendant appeared and was represented by Barbara L. Wevadau, Esquire, and at which neither Plaintiff nar her putative caunsel, Peter J. Russa, Esquire, appeared, and the Caurt having been unable ta cantact Mr. Russa directly ta determine his status and pasitian in the matter, it is .ordered and directed as fallaws: 1. Defendant's_periads .of partial custady with respect ta the child, pending fUrther .order .of caurt, are definitively determined ta be an alternating weekends fram 3:00 p.m. an Friday, until 2:00 p.m. an Sunday; 2. The Caurt will attempt ta arrange a canference call with caunsel far Defendant and Mr. Russo with a view taward arranging far a medical/mental evaluatian .of Plaintiff; 3. The Caurt will entertain a further petitian far special relief an the part .of Defendant .or an initial petitian far special relief an the part .of Plaintiff as caunsel deem apprapriate. 4. The underlying issues raised in the petitian far Special Relief presently be fare the Caurt as they pertain ta a permanent custadial arrangement are referred to the custody conciliation pracess, and the Caurt Administrator is requested ta ,~.". ,~ " .. \ facilitate an expedited custody conciliation conference in this matter because of concerns about Plaintiff's mental health. Cynthia M. Mooney 400 Middle Road Newville, PA 17241 By the Court, Barbara L. Wevodau, Esquire 5fi;;J. ~3 Rt 34 New Bloomfield, PA 17074 For the Defendant Peter J. Russo, Esquire 4 Liberty Avenue Carlisle, PA 17013 curtesy copy Court Administrator pcb TRUE COPY FROM RECORD In TMtlmony wheroof. I herillJl!lO 'MIt my MOO and tile Stlal of said Court at Carli*. Pit. Tim I,~:V ~ff: ': - ~ ., L ') ~'Jb~) I~ Prothonmari -""'"' .---... ~ " " CUMBERLAND IN TIIE COURT OF CCt1MON PLEAS FOR ~ COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE TO SETTLE, SATISFY, DISCONTINUE r:TFNN & DORIS FlTE Plaintiff(s) CASE NO. ?OOO_hO? vs RAY E. KRAMER . Defendant(s) vs ~'.. I Additional Defendant(s} TO TIIE PROTHONOTARY: Please mark the above matter settled, ended, discontinued and costs paid. .OR Please mark the above'matter satisfied, the debt having been paid, together with CODtOJ. THIS MATTER WAS INDEXED FOR THE FO:LLCYWING: Arbitration Award (date) Default Judgment (date) . Lis Pendens (date) Other (date) Wi1li~~S!e.y f= P1Biutiff(s) Attorney LD. 225 303 West Fourth Street Quarryville, PA 17566 Attorney for Defendant(s) Attorney for NOTE: Signature of Def<O!lldant;(s) Counsel, Additional Defendant(s) Counsel needed if case has an Additional Defendant, Counterclaim or Crossc1aim(s). '. DISCONTINUANCE \,;tJ{l'J..nCATE AND NOW, /).ot:L\L ~4 I ~D~ I suit has been mar1al. as above directed~.;~)ji' G~;;f~ ~ Q~. . . .21;;'; PRom0N~~ ,~"~"""""'~,iI_t~~~l!l",dl"4Iil"ldtlllll~<.lillL",_~~,i&,l"""""I;",,,~.~,,,,,,""""",,;<,~,~~,tI!,=~MiliIlt "'~'......~. ,- ~.......... ~.~,,~'~'.~"""", u~ - - 0 0 Q c: w " s: ",. .,....\ ""0(1::1 'U ..."::;'" mr"-,< ;;0 Z-f', "r ZL' N ~;:z8 ~",Y"; ,J:'" '-"0 <. ~c, :::;:J"-. ",. ~~~ ~~; :..t1': :Pc '--" 5 ---< =:> y- -< \0 ~ .