HomeMy WebLinkAbout02-5535IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DIANA L. WINGERT,
Plaintiff
V.
RONALD L. WINGERT,
Defendant
CIVIL ACTION -- LAW
NO. Oa- 5535- CIVIL
IN DIVORCE
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 proceed without you and a decree of divorce or annulment may be entered against
you by the court. A judgement 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 grounds 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 Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
NNGRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.ULMENT IS
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NT VE A LAWYER OR OFFICE SET FORTH BELOW TO FIN CANNOT D OUT WHERE YOU O CAN O GET LEGAL TELEPHONE HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
WEIGLE 6 ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DIANA L. WINGERT, CIVIL ACTION -- LAW
Plaintiff
V. NO. oo?l - S 5?3SICIVIL
RONALD L. WINGERT,
Defendant IN DIVORCE
AND NOW, comes the above named Plaintiff, Diana L. Wingert, by and through her
attorneys, Weigle & Associates, P.C., and Richard L. Webber, Jr., Esquire, and seeks to
obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter
more fully set forth:
1. Plaintiff, Diana L. Wingert, is an adult individual presently residing at 152 Bullshead
Road, Newville, Cumberland County, Pennsylvania 17241, since November 3, 2002.
2. Defendant, Ronald L. Wingert, is an adult individual presently residing at
420 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania 17013,
since 1987.
3. The Plaintiff and Defendant are nationals and citizens of the United States of America,
and both have been bona fide residents of the Commonwealth of Pennsylvania for at
least six (6) months immediately previous to the filing of the Complaint in Divorce.
4. The Plaintiff and Defendant were married on December 13, 1986 in Newville,
Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Plaintiff has been advised that counseling is available and the Plaintiff may have the
right to request that the court require the parties to participate in counseling.
7• The marriage is irretrievably broken.
8. The parties have lived separate and apart since November 3, 2002.
WEIGLE 6 ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
9. The Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce
from the bonds of matrimony and for such other and further relief to which Plaintiff shall
be entitled.
WEIGLE & ASSOCIATES, P.C.
By:
Richard L. Webber, Jr., Esquire
Attorney for Plaintiff
Attorney ID #49634
126 East King Street
Shippensburg, PA 17257
Telephone 717-532-7388
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257_1397
VERIFICATION
I verify that the statements made in the foregoing Complaint in Divorce are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa
C.S. § 4904, relating to unworn falsification to authorities.
Diana L. Wingert, Plaintiff
WEIGLE 5 ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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DIANA L. WINGERT,
Plaintiff
VS.
RONALD L. WINGERT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-5535 CIVIL
IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Defendant, Ronald L. Wingert,
in the above captioned case.
SAIDIS, SHUFF, FLOWER & LINDSAY
Attorneys folr Defendppt ,
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By.
Carol J. L dsay, EsIuire
I D# 4469
26. High Street
Carlisle, PA 17013
(717) 243-6222
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTO tNEYS•AT*I.AW
26 W. High Street
Carlisle, PA
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DIANA L. WINGERT, CIVIL ACTION -- LAW
Plaintiff
V. NO. 02-5535 CIVIL
RONALD L. WINGERT,
Defendant IN DIVORCE
ACCEPTANCE OF SERVICE
I, Ronald L. Wingert, do hereby depose and say that on the / day of
2002, I received and accepted service of a true and attested copy of the
Notice to Defend and Claim Rights with Complaint in Divorce in the above-captioned action.
I verify that the former statement is 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:
Ronald L. Wingert, Defend
Mailing address:
420 Crossroad School Road
Carlisle, PA 17013
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
:._ 7
DIANA L. WINGERT, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
RONALD L. WINGERT, NO. 02-5535 CIVIL
Defendant IN DIVORCE
COMPLAINT FOR CUSTODY
1. The Plaintiff is DIANA L. WINGERT, residing at 23 Sequoia Court,
Marlton, New Jersey 08053.
2. The Defendant is RONALD L. WINGERT, residing at 420 Crossroad
School Road, Carlisle, Cumberland County, Pennsylvania.
3. The Defendant seeks custody of the following children: Jesse Wingert,
born November 2, 1986, Miranda Wingert, born May 5, 1991, and Shannon Wingert,
born April 5, 1995, who resides at 420 Crossroad School Road, Carlisle, Cumberland
County, Pennsylvania.
The children were not born out of wedlock.
The children are presently in the custody of Defendant, who resides at 420
Crossroad School Road, Carlisle, Cumberland County, Pennsylvania.
During the past five years, the children have resided with the following persons
SAIDIS
SHUFF, FLOWER
& LINDSAY
A77Y1RNEYS•AT•LAW
26 W. High Street
Carlisle, PA
and at the following addresses:
NAME
ADDRESS
FROM/TO
Ronald and Diana
Wingert
Ronald Wingert
(all 3 children)
420 Crossroad School Road
Carlisle, PA 17013
420 Crossroad School Road
Carlisle, PA 17013
1995 to
11/3/02
11/3/02 to
6/14/03
NAME ADDRESS FROM/TO
Diana Wingert New Jersey 6/14/03 to
(with the girls only) 7/16/03
Ronald L. Wingert 420 Crossroad School Road 7/16/03 to
(all three children) Carlisle, PA 17013 present
The mother of the children is Diana L. Wingert, currently residing at 23 Sequoia
Court, Marlton, New Jersey 08053.
She is married.
The father of the children is Ronald L. Wingert, currently residing at 420
Crossroad School Road, Carlisle, Pennsylvania.
He is married.
4. The relationship of the Plaintiff to the children is that of Mother. The
Plaintiff currently resides with the following person(s): Joseph. her boyfriend
5. The relationship of the Defendant to the children is that of Father. The
Defendant currently resides with the following person(s): the three children Tammv
Walker, his girlfriend and his girlfriend's daughter.
6. Defendant has not participated as a party or witness, or in any other
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS•AT•LAW
26 W. High Sheet
Carlisle, PA
capacity in other litigation concerning the custody of the children in this or another
jurisdiction.
7. The Defendant has no information of a custody proceeding concerning
the children pending in a court of the Commonwealth.
8. The Defendant does not know of a person not a party to the
proceedings who has physical custody of the children nor claims to have custody or
visitation rights with respect to the children.
9. The best interest and permanent welfare of the children will be served
by granting the relief requested because:
a) The Defendant can best provide for the physical,
spiritual and emotional needs of child.
10. Each parent whose parental rights to the children have not been
terminated and the person who has physical cusb:)dy of the children has been named
as parties to this action.
WHEREFORE, the Defendant requests this Court to grant primary physical
custody of the children to the Defendant.
SAIDIS, £3HUFF, FLOWER & LINDSAY
Attorneys for-plaintifV--,,
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT•LAW
26 W. High Street
Carlisle, PA
C of J. Lindsay, Esquire
40# 44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein acre made subject to the penalties of 18
Pa. C.S. § 4904, relating to unsworn falsification to authorities.
Ronald L. Winge
Date: 21cAS 62o3
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
DIANA L. WINGERT, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 02-5535 CIVIL
RONALD L. WINGERT,
Defendant IN DIVORCE
CERTIFICATE OF SE ICE
AND now, this ??? s day of
2003, I, Carol J. Lindsay, Esquire, of the law firm o SAIDIS, SHUFF, FLOWER &
LINDSAY, Attorneys, hereby certify that I served the within Complaint for Custody this
day by depositing same in the United States Mail, First Class, Postage Prepaid, in
Carlisle, Pennsylvania, addressed to:
Richard L. Webber, Jr., Esquire
Weigle & Associates, P.C.
126 East King Street
Shippensburg, PA 17257
SAIDIS, SHUFF, FLOWER & LINDSAY
Attorneys for Defendant
Carol J. Lindsay, Esquire
IN 44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATT MYS•AT•LAW
26 W. High Street
Carlisle, PA
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DIANA L. WINGERT,
Plaintiff/Respondent
vs.
RONALD L. WINGERT,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-5535 CIVIL
IN CUSTODY
PETITION FOR EMERGENCY RELIEF
NOW comes RONALD L. WINGERT, by and through his counsel, Saidis,
Shuff, Flower & Lindsay, and petitions this Honorable Court as follows:
1. The parties hereto are Husband and Wife, having been joined in
marriage on December 13, 1986.
2. The parties are the parents of three children: Jesse Wingert, born
November 2, 1986; Miranda Wingert, born May 5, 1991; and Shannon Wingert,
born April 5, 1995.
3. The parties separated on or about November 3, 2002 when Wife
removed from the marital home taking Shannon and Miranda with her.
4. Subsequent to separation from Petitioner, Respondent resided with
her mother until on June 14, 2003 she relocated with the children to New Jersey.
5. On July 9, 2003, Respondent returned the children to her mother in
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
Pennsylvania. Petitioner was notified by a member of Respondent's family that the
children were there on or about July 17, 2003 and he was able to see his children
for the first time in months.
6. Upon his reunion with his children, they advised the following which
has been corroborated with a therapist to which Petitioner took the children:
A. Between November 3, 2002 and July 9, 2003, Respondent had
ongoing communications with several men on the Internet to whom
she sent, in the words of the children, "love notes and love poems".
B. During the stated period of time, Respondent had several sexual
liaisons with a person named Bob at his house, according to the
children at least "10" times, and Respondent brought the children
along on those visits. During these visits, one client saw both
Respondent and Bob naked together, once in the bedroom.
C. During the stated period of time, Respondent had two liaisons with a
person known as Lambert in Lancaster at the Days Inn during which
she brought Shannon who observed Respondent and Lambert naked
and kissing in the bathroom while Shannon was present.
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS•AT•LAW
26 W. High Street
Carlisle, PA
D. During the stated period of time, Respondent met "lots of times" with a
person named Joe on Saturdays and Sundays at various hotels to
which she brought the children. It was with Joe that Respondent
moved to New Jersey taking the children with her, but numerous
disputes arose in part because Joe, according to the children, was in a
bad mood when he drank wine coolers. During this period of time,
Respondent refused to permit the children to see their father, the child
felt trapped, had no friends and wanted to live with their father.
E. During the stated period of time, Respondent brought the children to
the home of a person named Dan where they stayed for weekends.
F. During the stated period of time, Respondent brought he children into
contact with a person named Ron.
7. Upon their reunion with Petitioner on July 17, 2003, the children
requested that they not be returned to Respondent and that they be permitted to
stay with Petitioner.
8. Petitioner has taken the children for therapy to Wanda Mays, a
counselor with an office at 57 West Pomfret Street, Carlisle, Pennsylvania.
Although Ms. Mays has only been able to treat with the children on two occasions,
she recommends that the children not be with Respondent unsupervised until the
therapy can proceed.
9. Respondent has a relative, Sandy Negley, who is willing to supervise
the visits between Respondent and children.
10. On July 31, 2003, Petitioner filed a Complaint for Custody.
11. Respondent is represented by Richard L. Webber, Jr. who has a
received a copy of this Petition.
WHEREFORE, Petitioner prays this Honorable Court to enter an emergency
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS•A7•LAW
26 W. High Street
Carlisle, PA
Order providing primary physical custody of the children, Jesse Wingert, Miranda
Wingert, and Shannon Wingert to Petitioner, Ronald L. Wingert, pending further
Order of Court.
SAIDIS, SNUFF, FLOWER & LINDSAY
Attorneys for Ntitioner
By:
I 446 3
26 est High Street
Carlisle, PA 17013
(717) 243-6222
DIANA L. WINGERT, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 02-5535 CIVIL
RONALD L. WINGERT,
Defendant/Petitioner IN CUSTODY
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORMYS•AT•LAW
26 W. High Sheet
Carlisle, PA
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:
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DIANA L. WINGERT, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 02-5535 CIVIL
RONALD L. WINGERT, IN CUSTODY
Defendant/Petitioner
ORDER OF COURT
NOW, this ? day of 61 1 upon consideration of the
within Petition for Emergency Relief, a Rule is issued upon the Respondent to show
cause why the relief requested should not be granted.
RULE returnable at a hearing set for the oT o? 1) a( day of ,2003,
in Courtroom No. I , of the Courthouse at Carlisle, Pennsylvania at 471130
o'clock ?G M. 1&00'
Of
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNM-AT- W
26 W. High street
Carlisle, PA
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DIANA L. WINGERT IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 02-5535 CIVIL ACTION LAW
RONALD L. WINGERT
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, August 05, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 03, 2003 at 1:30 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 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 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 any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By. /s/ Jacqueline M. Verney. Esq.
Custody Conciliator
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
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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SEP 0 4 2003 b
DIANA L. WINGERT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2002-5535 CIVIL TERM
RONALD L. WINGERT, : CIVIL ACTION - LAW
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this day of , 2003, upon
consideration of the attached Custody Conciliate Report, it is ordered and directed as
follows:
1. The Father, Ronald L. Wingert, and the Mother, Diana L. Wingert, shall
have shared legal custody of Jesse Wingert, born November 2, 1986, Miranda Wingert,
born May 5, 1991, and Shannon Wingert, born April 5, 1995. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Children's general well-being including, but not
limited to, all decisions regarding their health, education and religion. To the extent that
one parent has possession of any such records or information, that parent shall be
required to share the same, or copies thereof, with the other parent within such reasonable
time as to make the records and information of reasonable use to the other parent. They
shall also, in a timely fashion, share information with each other regarding the Children's
extracurricular activities, school schedule, homework, and parent-teacher conferences.
Father shall have primary physical custody of the Children.
Mother shall have the following periods of partial physical custody:
A. With Jesse, at times agreed by Jesse and the parties.
B. With Miranda and Shannon, beginning September 6, 2003 alternating
weekends, Saturday and Sunday from 9:00 a.m. to 6:00 p.m.
C. Such other times as the parties agree.
4. Mother shall not take the Children to any other man's house or hotel room
except relatives' homes.
5. Jesse is to begin counseling when the counselor recommends it.
Counseling for the parties and the girls shall continue as recommended by the counselor.
6. Transportation of the Children shall be shared by the parties such that the
receiving party shall transport.
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The Children shall not be relocated from the jurisdiction without prior
Order of Court.
8. In the event that either party temporarily removes the Children from the
jurisdiction for any reason such as a visit or vacation, they shall provide a location and
telephone number where the Children may be reached.
9. The parties shall alternate physical custody on Thanksgiving at times
agreed by the parties. Father shall have odd numbered years and Mother shall have even
numbered years.
10. The Christmas holiday shall be divided into two Blocks. Block A shall
run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall
run from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have
Block A in odd numbered years and Block B in even numbered years. Father shall have
Block A in even numbered years and Block B in odd numbered years.
11. Neither party will do anything nor permit a third party to do anything
which may estrange the Children from the other party, or injure the opinion of the
Children as to the other parent or which may hamper the natural development of the
Children's love and respect for the other parent.
12. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
cc/ol J. Lindsay, Esquire, Counsel for Father
Xchard L. Webber, Jr., Counsel for Mother
63
OR, 05
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DIANA L. WINGERT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :2002-5535 CIVIL TERM
RONALD L. WINGERT, : CIVIL ACTION - LAW
Defendant
IN CUSTODY
PRIOR JUDGE: J. Wesley Oler, Jr., J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Jesse Wingert November 2, 1986 Father
Miranda Wingert May 5, 1991 Father
Shannon Wingert April 5, 1995 Father
2. A Conciliation Conference was held in this matter on September 3, 2003,
with the following individuals in attendance: The Father, Ronald L. Wingert, with his
counsel, Carol J. Lindsay, Esquire, and the Mother, Diana L. Wingert, with her counsel,
Richard L. Webber, Jr., Esquire.
3. Pending before the Honorable J. Wesley Oler, Jr. is a Petition for
Emergency Relief, with a hearing scheduled for September 22, 2003. The parties intend
to seek a general continuance of this hearing.
4. The parties agreed to entry of an Order in the form as attached.
Date acq line M. Verney, Esquire
Custody Conciliator
Diana L. Wingert, In the Court of Common Pleas of
Plaintiff Cumberland County, Pennsylvania
V. Civil Action - Law
No. 02-5535 Civil
Ronald L. Wingert,
Defendant In Divorce
ORDER
AND NOW, this I? day of September, 2003, upon consideration of the
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
representations of counsel, the hearing scheduled for September 22, 2003 is continued
generally.
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By the Court:
tJl'r??IP,I?ISN?!?d
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LAW OFFICES
SAIDIS, SHUFF, FLOWER & LINDSAY
JOHN E. SLIKE
ROBERT C. SAIDIS
GEOFFREY S. SHUFF
JAMES D. FLOWER, JR.
CAROL J. LINDSAY
MATTHEW J. ESHELMAN t
KIRK S. SOHONAGE
THOMAS E. FLOWER
LINDSAY GINGRICH MACLAY
JACLYN M. SMITH
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
EMAIL: attorney®ssfl-law.com
September 8, 2003
The Honorable J. Wesley Oler, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: WINGERT V. WINGERT
Dear Judge Oler:
WEST SHORE OFFICE:
2109 MARKET STREET
CAMP HILL, PA 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
REPLY TO CARLISLE
DOCKET No.: 02-5535 CIVIL
A Petition for Emergency Relief which I field on behalf of Ronald Wingert is scheduled for a
hearing in your courtroom on September 22, 2003 at 9:30 a.m. Diana Wingert is represented by Richard
Webber, Esquire. The parties have agreed to generally continue the hearing. I enclose a proposed order.
Thank you for your help.
Very truly yours,
Flower & Lindsay
J.
CIL:ahg
Cc: Ronald Wingert
Richard Webber, Esquire (with enclosure)
Enclosure
sFp 10
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t Board Certified by the American Board of Certification in Creditors' Rights Representation
DIANA L. WINGERT,
Plaintiff
V.
RONALD A. WINGERT,
Defendant
'IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 02 - 5583 CIVIL TERM
'IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
filed in this matter on or about and served upon defendant on
lzdz
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of the service of the complaint.
3
intention to request entry of the divorce.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.
S. Section 4904 relating to unsworn falsification to authorities.
I consent to the entry of a final decree in divorce after service of notice of
November 18, 2003 l - ?q ` , u 1, -I
DIANA L. WINGERT U
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DIANA L. WINOERT,
Plalntif
V.
RONALD A. WINGERT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 02 - 5535 CIVIL TERM
IN DIVORCE
1. 1 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.
2. 1 understand that the court maintains a list of marriage counselors in the
Prothonotary's Office, which list is available to me upon request.
3. 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.
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. Section 4904
relating to unsworn falsification to authorities.
November 18, 2003
n
DIANA L. WINGERT
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DIANA L. WINGERT,
Plelntif
V.
RONALD A. WINGERT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02 - 5535 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUES
ENTRY OF A DI ORCE DECREE
UNDER SECTION 3301(C) OF THE DIVORCE CAMP
1. 1 consent to the entry of a final decree of divorce without notice.
2. 1 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 is granted.
3. 1 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.
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unswom falsification to authorities.
November 18, 2003 ?1 n Aug , T A
DIANA L. WINGERT
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DIANA L. WINGERT,
Plaintiff
VS.
RONALD L. WINGERT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION - LAW
:NO. 02-5535 CIVIL
IN DIVORCE
UNDE
OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on November 15, 2002.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final Decree in Divorce after service of notice
of intention to request entry of the Decree.
4. 1 verify that the statements made in this Affidavit are true and correct to
the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904
relating to unsworn falsification to authorities.
SAIDIS
SHUFF, FLOWER
& LINDSAY
Date: 1 112 c/%v, 3
Signature:
Ronald L. Wingert,
26 W. High Street
Carlisle, PA
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HAROLD S. IRWIN, 111, ESQUIRE
ATTORNEY ID NO. 25920
64 SOUTH PITT STREET
CARLISLE PA 17019
(717) 2451 090
ATTORNEY FOR PLAINTIFF
DIANA L. WINGERT,
Plaintiff
V.
RONALD A. WINGERT,
Dafandant
CI
To the Prothonotary:
I IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 02 - 5335 CIVIL TERM
, IN DIVORCE
T
IT
decree: Transmit the record, together with the following information, to the court for entry of a divorce
1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: On or about December 16, 2002,
defendant was served with a copy of the divorce complaint via certified mail, "restricted delivery",
addressed to the defendant. (See Affidavit of Service previously filed.)
3. Complete either paragraph (a) or (b):
(a) Date of execution of consent required by Section 3301(c) of the Divorce Code:
By the plaintiff: November 18, 2003.
By the defendant: November 24, 2003.
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce
Code: N/A.
(b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: N/A.
4. Related claims pending: None
5.
Complete either (a) or (b):
(a) Date and manner of service of the notice of intention
record, a copy of which is attached: N/A.
(b) Date plaintiffs Waiver of Notice in Section 3301(c)
Prothonotary: November 21, 2003.
Date defendant's Waiver of Notice in Section 3301(c)
Prothonotary: November 25, 20()3.
December, 2003
HAROLD S. IRWIN, 11
Attorney for Plaintiff
to file praecipe to transmit
divorce was filed with the
Divorce was filed with the
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
-DIANA L. WINGERT,
02 ..
. Civil .
. -.. .. 5535 .
. Term .
NO. ......... ............
Plaintiff - -
- it
Versus
RONALD A. WINGERT it
Defendant
DECREE IN
DIVORCE
AND NOW, .... 4« ?°?V , • I,(s,, , , . Zv??it is ordered and
decreed that DIANA L, WINGERT .......................... plaintiff,
and . RONALD.A. WINGERT 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; NONE
?F
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By Thel
tp Attestl: _-... _ J.
0
/ Prothonotary
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DIANA L. WINGERT, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
RONALD A. WINGERT, :
Defendant NO. 02-5535 CIVIL TERM
ORDER OF COURT
AND NOW, this 10 h day of December, 2003, upon consideration of Plaintiff's
Praecipe To Transmit Record in the above matter, and it appearing that, notwithstanding
the averment in the praecipe, the file contains no waiver by Defendant of the notice of
intent, a divorce decree will not be entered at this time, without prejudice to the right of
the parties to correct the deficiency and file a new praecipe to transmit.
BY THE COURT,
Aarold S. Irwin, III, Esq.
64 South Pitt Street
Carlisle, PA 17013
Attorney for Plaintiff
v6arol J. Lindsay, Esq.
26 W. High Street
Carlisle, PA 17013
Attorney for Defendant
?i
J esley Oler, 9? J.
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DIANA L. WINGERT,
Plaintiff
vs.
RONALD L. WINGERT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-5535 CIVIL
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
AND WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on November 15, 2002.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final Decree in Divorce after service of notice
of intention to request entry of the Decree.
4. 1 verify that the statements made in this Affidavit are true and correct to
the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904
relating to unsworn falsification to authorities.
Date: /11.21,°°3 Signature: Ronald L. Wingert, efendant
SAIDIS
SIIUFF, FLOWER
& LINDSAY
ATrORNEYS•AT•LAW
26 W. High Street
Carlisle, PA
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DIANA L. WINGERT,
Plaintiff
VS.
RONALD L. WINGERT,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION - LAW
:NO. 02-5535 CIVIL
IN DIVORCE
DEFANDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
Section 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. 1 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 is granted.
3. 1 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.
SAIDIS
SHUFF FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
4. 1 verify that the statements made in this Affidavit are true and correct to
the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904
relating to unsworn falsification to authorities.
Date: 1112 G/ Zo° 3 Signature:
Ronald W2ng?; Defendant
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DIANA L. MOONEY (formerly Wingert),
Plaintiff/Petitioner
V.
RONALD L. WINGERT
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 2002-5535 CIVIL TERM
IN CUSTODY
PETITION TO MODIFY CUSTODY
Petitioner is Diana L. Wingert/ Mooney who resides at 152 Bullshead Road
Newville, Cumberland County, Pennsylvania 17241.
2. Respondent is Ronald L. Wingert who resides at 420 Crossroad School Road, Carlisle,
Cumberland County, Pennsylvania 17013.
3. On September 5, 2003, the Honorable Wesley Oler, Jr. entered the Custody Order
attached as Exhibit "A".
4. Since the entry of said Order, there has been a significant change in circumstances in that:
a. Petitioner believes and therefore asserts that the minor child, Miranda Wingert's
school grades have been suffering.
b. Petitioner asserts that the minor child, Miranda Wingert has withdrawn from
participating in social activities at Defendant's request.
c. The parties minor child, Shannon Wingert has also expressed a desire to live with
Petitioner.
d. Petitioner is best able to provide a stable and nurturing environment for the children.
6. The best interest of the children will be served by the Court in modifying said Order.
WHEREFORE, Plaintiff prays this Court to grant the modification as follows: Primary
physical custody in Mother with partial custody in Father.
Date: 2c06?
Respectfully submitted,
ROMINGER, BAYLEY & WHARE
-/4 -46--A
Michael O. Palermo, it., Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 93334
Attorney for Plaintiff/Petitioner
DIANA L. WINGERT/MOONEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
RONALD L. WINGERT No. 2002-5535 CIVIL TERM
Defendant/Respondent IN CUSTODY
VERIFICATION
I verify that the statements made in this complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to
unsworn falsification to authorities.
Z Z
Diana L. Wingert/Mooney-
Plaintiff/Petitioner
DIANA L. MOONEY (formerly Wingert),
Plaintiff/Petitioner
V.
RONALD L. WINGERT
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 2002-5535 CIVIL TERM
IN CUSTODY
CERTIFICATE OF SERVICE
I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff, Diana L. Wingert/Mooney, do
hereby certify that I this day served a copy of the Petition to Modify Custody upon the following
by First Class Mail delivery at Carlisle, Pennsylvania, addressed as follows:
Carol J. Lindsay, Esquire
26 West High Street
Carlisle, PA 17013
Respectfully submitted,
ROMINGER, BAYLEY & WHARE
A ea--4 ,-
Michael O. Palermo, Jr., Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID 9 93334
Dated: r? Attorney for Plaintiff/Petitioner
t7r • o?l?
SEP U 4 2003 }i
RECEIVEOSEP 9
DIANA L. WINGERT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2002-5535 CIVIL TERM
RONALD L. WINGERT, : CIVIL ACTION - LAW
Defendant .
: IN CUSTODY
ORDER OF COURT
AND NOW, this S41 day of _, 2003, upon
consideration of the attached Custody o4ia nReport, it is ordered and directed as
follows:
1. The Father, Ronald L. Wingert, and the Mother, Diana L. Wingert, shall
have shared legal custody of Jesse Wingert, born November 2, 1986, Miranda Wingert,
born May 5, 1991, and Shannon Wingert, born April 5, 1995. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Children's general well-being including, but not
limited to, all decisions regarding their health, education and religion. To the extent that
one parent has possession of any such records or information, that parent shall be
required to share the same, or copies thereof, with the other parent within such reasonable
time as to make the records and information of reasonable use to the other parent. They
shall also, in a timely fashion, share information with each other regarding the Children's
extracurricular activities, school schedule, homework, and parent-teacher conferences.
Father shall have primary physical custody of the Children.
Mother shall have the following periods of partial physical custody:
A. With Jesse, at times agreed by Jesse and the parties.
B. With Miranda and Shannon, beginning September 6, 2003 alternating
weekends, Saturday and Sunday from 9:00 a.m. to 6:00 p.m.
C. Such other times as the parties agree.
4. Mother shall not take the Children to any other man's house or hotel room
except relatives' homes.
5. Jesse is to begin counseling when the counselor recommends it.
Counseling for the parties and the girls shall continue as recommended by the counselor.
6. Transportation of the Children shall be shared by the parties such that the
receiving party shall transport.
7. The Children shall not be relocated from the jurisdiction without prior
Order of Court.
8. In the event that either party temporarily removes the Children from the
jurisdiction for any reason such as a visit or vacation, they shall provide a location and
telephone number where the Children may be reached.
9. The parties shall alternate physical custody on Thanksgiving at times
agreed by the parties. Father shall have odd numbered years and Mother shall have even
numbered years.
10. The Christmas holiday shall be divided into two Blocks. Block A shall
run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall
run from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have
Block A in odd numbered years and Block B in even numbered years. Father shall have
Block A in even numbered years and Block B in odd numbered years.
11. Neither party will do anything nor permit a third party to do anything
which may estrange the Children from the other party, or injure the opinion of the
Children as to the other parent or which may hamper the natural development of the
Children's love and respect for the other parent.
12. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
cc: Carol J. Lindsay, Esquire, Counsel for Father
Richard L. Webber, Jr., Counsel for Mother
TRUE COPY FROM RECORD
stimony whe eof, I here nto set my hand
the seal of sad Court ajgarlisV , Pa.
DIANA L. WINGERT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : 2002-5535 CIVIL TERM
RONALD L. WINGERT, : CIVIL ACTION - LAW
Defendant
IN CUSTODY
PRIOR JUDGE: J. Wesley Oler, Jr., J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Jesse Wingert November 2, 1986 Father
Miranda Wingert May 5, 1991 Father
Shannon Wingert April 5, 1995 Father
2. A Conciliation Conference was held in this matter on September 3, 2003,
with the following individuals in attendance: The Father, Ronald L. Wingert, with his
counsel, Carol J. Lindsay, Esquire, and the Mother, Diana L. Wingert, with her counsel,
Richard L. Webber, Jr., Esquire.
3. Pending before the Honorable J. Wesley Oler, Jr. is a Petition for
Emergency Relief, with a hearing scheduled for September 22, 2003. The parties intend
to seek a general continuance of this hearing.
4. The parties agreed to entry of an Order in the form as attached.
q- q-o3 ??•
Date d'acq line M. Verney, Esquire
Custody Conciliator
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DIANA L. WINGERT/MOONEY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
RONALD L. WINGERT
DEFENDANT
02-5535 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, _ Tuesday, November 29, 2005 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, January 10, 2006 at 10:30 AM
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 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 any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ facqueGne M. Vemey, Esq. / y'
Custody Conciliator
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
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
X561
svs ?r
,IAN 2 S) 2uuo
DIANA L. WINGERT/MOONEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2002-5535 CIVIL ACTION - LAW
RONALD L. WINGERT
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 201h day of January, 2006, being advised that the parties have
reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this
matter.
FOR THE COURT,
acqu me M. Verney, Esquire, Custody Co iliator
DIANA L. MOONEY(formerlyWINGERT), : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
RONALD L. WINGERT, : NO. 2002-5535 CIVIL TERM
Defendant : IN CUSTODY
STIPULATION AGREEMENT AS TO CUSTODY
The plaintiff, Diana L. Mooney/(Wingert), hereinafter referenced as "Mother," and
Defendant, Ronald L. Wingert, hereinafter referenced as "Father," hereby agree to the entry of
the following terms in a Court Order defining custody and partial custody rights and
responsibilities in relation to the parties' minor children, Shannon Wingert, born April 5, 1995,
and Miranda Wingert, born May 5, 1991, hereinafter referenced as "Children":
1. Diana L. Wingert/Moony (hereinafter Mother) and Ronald L. Wingert (hereinafter
Father) shall have shared legal custody of their minor child, Shannon Wingert, DOB:
April 5, 1995. Mother and Father shall have shared physical custody of the minor child,
Shannon Wingert.
2. Mother shall have shared legal and primary physical custody of the minor child, Miranda
Wingert, DOB: May 5, 1991.
The parties hereto agree that the best interest and continuing welfare of the Children
would be best served with the custody arrangement as follows:
(a) As provided 23 Pa. C.S.A. §5309(a), each parent shall have full and complete access to
the Child, Shannon Wingert's mental, dental, religious and school records. This
includes the names, addresses and telephone numbers of all medical and other providers.
(b) Father shall have periods of visitation with the minor child, Miranda Wingert when she
expresses a desire to have visitation with her Father and brother. Mother and Father
shall have joint custody of the minor child, Shannon Wingert on a week on/week off
schedule with !Vlother picking up the e7ild cn 1 riday aaci rather picking the
child up the following Friday evening at a time agreed upon by the parties. If the minor
child, Miranda Wingert expresses a desire to live with Father, Mother will consent to the
same without Father having to file a Petition to the Court to have the same Court
ordered. Mother will then adjust the Custody Order accordingly.
(c) The parties shall share the holidays as agreed upon by the parties and the children.
(d) Visitation may be at such other times as the parties mutually agree.
3. Each party shall have reasonable telephone and e-mail access to the Children while the
Children are in the custody control of the parent.
4. The parties shall keep each other advised immediately relative to any emergencies
concerning the Cliddr,m and shall further take any necessary steps to ensure that the
health, welfare and well being of the Chddren are protected. The parties shall do nothing
that may estrange the Children from the other party or hinder the natural development of'
the Children's love or affection for the other party.
5. Each party shall not make any disparaging remarks or allow others to make any
disparaging remarks concerning the Children's parents in front of the Children.
6. Any modification or waiver of any of the provisions of the agreement of the parties shall
be effective only if made in writing and only if executed with the same formality of the
agreement of the parties.
7. 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.
8. Both parties agree that the terms of this agreement have been fully explained to them by
their respective counsel or that both parties have had the opportunity to have legal
counsel review and fully explain the terms of this agreement. Mother is represented by
Michael O. Palermo, Jr., Esquire of Rominger, Bayley & Whare. Father is represented by
Carol J. Lindsay, Esquire of Saidis, Shuff, Flower & Lindsay.
9. The Canies het,-to a' e that `'lns agrecnienl be rep o dt,d <,.ind - ?co i- crated into an
Order enforceable by the Court.
f '20
Date
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?9 Date
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Date
G,
Date
Diana L.
Michael O.
Ronald L
Carol
FEB 012006
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RECEIVED tL5 =?
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DIANA L. MOONEY(formerly Wingert) : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
a.
No. 2002-5535
RONALD L. WINGERT,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this -ks4ay of FP t , 2006, based on the Stipulation of
the parties, the Court hereby Orders as follows:
1. Diana L. Wingert/Mooney (hereinafter Mother) and Ronald L. Wingert (hereinafter
Father) shall have shared legal custody of their minor child, Shannon Wingert, DOB:
April 5, 1995. Mother and Father shall have shared primary physical custody of the
minor child, Shannon Wingert.
2. Mother shall have shared legal and primary physical custody of the minor child,
Miranda Wingert, DOB: May 5, 1991.
The parties hereto agree that the best interest and continuing welfare of the Children
would be best served with the custody arrangement as follows:
(a) As provided 23 Pa. C.S.A. §5309(a), each parent shall have full and complete
access to the Child, Shannon Wingert's mental, dental, religious and school records.
This includes the names, addresses and telephone numbers of all medical and other
providers.
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(b) Father shall have periods of visitation with the minor child, Miranda Wingert when
she expresses a desire to have visitation with her Father and brother. Mother and
Father shall have joint custody of the minor child, Shannon Wingert on a week
on/week off schedule with Mother picking up the child on Friday evening and Father
picking the child up the following Friday evening at a time agreed upon by the parties.
If the minor child, Miranda Wingert expresses a desire to live with Father, Mother
will consent to the same without Father having to file a Petition to the Court to have
the same Court ordered. Mother will then adjust the Custody Order accordingly.
(c) The parties shall share the holidays as agreed upon by the parties and the children.
(d) Visitation may be at such other times as the parties mutually agree.
3. Each party shall have reasonable telephone and e-mail access to the Children while
the Children are in the custody control of the parent.
4. The parties shall keep each other advised immediately relative to any emergencies
concerning the Children and shall further take any necessary steps to ensure that the
health, welfare and well being of the Children are protected. The parties shall do
nothing that may estrange the Children from the other party or hinder the natural
development of the Children's love or affection for the other party.
5. Each party shall not make any disparaging remarks or allow others to make any
disparaging remarks concerning the Children's parents in front of the Children.
6. Any modification or waiver of any of the provisions of the agreement of the parties
shall be effective only if made in writing and only if executed with the same formality
of the agreement of the parties.
7. 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.
Both parties agree that the terms of this agreement have been fully explained to them
by their respective counsel or that both parties have had the opportunity to have legal
counsel review and fully explain the terms of this agreement. Mother is represented
by Michael O. Palermo, Jr., Esquire of Rominger, Bayley & Whare. Father is
represented by Carol J. Lindsay, Esquire of Saidis, Shuff, Flower & Lindsay.
9. The parties hereto agree that this agreement shall be recorded and incorporated into an
Order enforceable by the Court.
DIANA L. MOONEY (formerly
Wingert),
Plaintiff
V.
RONALD L. WINGERT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-5535
IN CUSTODY
PETITION FOR MODIFICATION
NOW COMES, Ronald L. Wingert, by and through his counsel, Saidis, Flower &
Lindsay, and petitions this Honorable Court as follows:
1. The parties hereto are natural parents of Shannon Wingert, born April 5, 1995.
Respondent is the mother of Miranda Wingert, born May 5, 1991, and Petitioner is the parent
of said child by estoppel.
2. Custody of the minor children is controlled by an Order of Court entered by
Stipulation of the Parties on February 15, 2006. A copy of said Order is attached hereto as
Exhibit "A". According to the terms of the Order of February 15, 2006, Respondent enjoys
primary physical custody of Miranda and the parties share physical custody of Shannon on a
week-on, week-off basis.
3. In March of 2006, Petitioner learned that Respondent had entered into a
SAMIS,
FLOWER &
L04DSAW
AMERF AMAW
26 West High Street
Carlisle, PA
relationship with Dale Eugene Moyer, who had entered guilty pleas in January of 1999 to two
counts each of the following crimes: 18 Pa. C.S.A. §3122.1, Statutory Sexual Assault, a
Felony II and to 18 Pa. C.S.A. §3123(a)(1), Involuntary Deviate Sexual Intercourse-Forcible
Compulsion, a felony of the first degree. As a result of his criminal conviction, Dale Eugene
Moyer is a sexually violent predator pursuant to Megan's Law. A copy of the criminal docket
which are relevant are attached hereto as Exhibit "B". A copy of the Pennsylvania State
Police Megan's Law Notice is attached hereto as Exhibit "C".
.0
4. In March of 2006, Petitioner expressed concern to the Respondent regarding
contact between Dale Eugene Moyer and the minor children. As a result, Respondent
signed a promise to see to it that the children had no contact with Dale Eugene Moyer. A
copy of the promise of March 19, 2006 is attached hereto as Exhibit T".
5. Nevertheless, Petitioner received information indicating that Respondent had
not kept her promise and had permitted contact between Dale Eugene Moyer and the minor
children in April of 2006. As a result, Petitioner had counsel contact counsel for the
Respondent seeking a Stipulation which would make the no contact promise of Respondent
a Court Order. A copy of the letter to counsel is attached hereto as Exhibit "E".
6. On or about May 28, 2006, Petitioner learned that Dale Eugene Moyer had
begun residing with the Respondent and therefore with the two minor children.
7. Respondent's prior sexual history includes taking the children to motels where
she was enjoying liaisons with men she met on the internet and bringing the children to
homes of men she met on the internet for weekend trysts.
WHEREFORE, Petitioner prays this Honorable Court to modify the Custody Order so
that the children reside with Petitioner so that they have no further contact with Dale Eugene
Moyer.
SAIDIS, FLOWER & LINDSAY
FLOWER &
UNDS"
Tr IN
26 West High Street
Carlisle, PA
Carol J. Linds`a , E quire
Supreme Co4tt I o. 44693
26 West High reet
Carlisle, PA 17013
717-243-6222
Dated: June 1, 2006
RECEIVED F
DIANA L. MOONEY(formerly Wingert) : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
a.
No. 2002-5535
RONALD L. WINGERT,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this /3O-0 day of c.? . , 2006, based on the Stipulation of
the parties, the Court hereby Orders as follows:
Diana L. Wingert/Mooney (hereinafter Mother) and Ronald L. Wingert (hereinafter
Father) shall have shared legal custody of their minor child, Shannon Wingert, DOB:
April 5, 1995. Mother and Father shall have shared primary physical custody of the
minor child, Shannon Wingert.
2. Mother shall have shared legal and primary physical custody of the minor child,
Miranda Wingert, DOB: May 5, 1991.
The parties hereto agree that the best interest and continuing welfare of the Children
would be best served with the custody arrangement as follows:
(a) As provided 23 Pa. C.S.A. §5309(a), each parent shall have full and complete
access to the Child, Shannon Wingert's mental, dental, religious and school records.
This includes the names, addresses and telephone numbers of all medical and other
providers.
(b) Father shall have periods of visitation with the minor child, Miranda Wingert when
she expresses a desire to have visitation with her Father and brother. Mother and
Father shall have joint custody of the minor child, Shannon Wingert on a week
on/week off schedule with Mother picking up the child on Friday evening and Father
picking the child up the following Friday evening at a time agreed upon by the parties.
If the minor child, Miranda Wingert expresses a desire to live with Father, Mother
will consent to the same without Father having to file a Petition to the Court to have
the same Court ordered. Mother will then adjust the Custody Order accordingly.
(c) The parties shall share the holidays as agreed upon by the parties and the children.
(d) Visitation may be at such other times as the parties mutually agree.
3. Each party shall have reasonable telephone and e-mail access to the Children while
the Children are in the custody control of the parent.
4. The parties shall keep each other advised immediately relative to any emergencies
concerning the Children and shall further take any necessary steps to ensure that the
health, welfare and well being of the Children are protected. The parties shall do
nothing that may estrange the Children from the other party or hinder the natural
development of the Children's love or affection for the other party.
5. Each party shall not make any disparaging remarks or allow others to make any
disparaging remarks concerning the Children's parents in front of the Children.
6. Any modification or waiver of any of the provisions of the agreement of the parties
shall be effective only if made in writing and only if executed with the same formality
of the agreement of the parties.
7. 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.
g. Both parties agree that the terms of this agreement have been fully explained to them
by their respective counsel or that both parties have had the opportunity to have legal
counsel review and fully explain the terms of this agreement. Mother is represented
I I
by Michael O. Palermo, Jr., Esquire of Rominger, Bayley & Whare. Father is
represented by Carol J. Lindsay, Esquire of Saidis, Shuff, Flower & Lindsay.
The parties hereto agree that this agreement shall be recorded and incorporated into an
Order enforceable by the Court.
TRUE SPY FR, In. TeSUM44 ,7re?'s?` ,?{ ?., 'lamC.0'0'444011' &I Ci4 a>? the Jay
Prothonourt
DIANA L. MOONEY(formerlyWINGERT),
Plaintiff
V.
RONALD L. WINGERT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
C- rm 0
CIVIL ACTION - LAW _
7
-_1 iT
:NO. 2002-5535 CIVIL TERM = _ - - 77, C?
IN CUSTODY - -r
STIPULATION AGREEMENT AS TO CUSTODY
The plaintiff, Diana L. Mooney/(Wingert), hereinafter referenced as "Mother," and
Defendant, Ronald L. Wingert, hereinafter referenced as "Father," hereby agree to the entry of
the following terms in a Court Order defining custody and partial custody rights and
responsibilities in relation to the parties' minor children, Shannon Wingert, born April 5, 1995,
and Miranda Wingert, born May 5, 1991, hereinafter referenced as "Children":
1. Diana L. WingeMMooney (hereinafter Mother) and Ronald L. Wingert (hereinafter
Father) shall have shared legal custody of their minor child, Shannon Wingert, DOB:
April 5, 1995. Mother and Father shall have shared physical custody of the minor child,
Shannon Wingert.
2. Mother shall have shared legal and primary physical custody of the minor child, Miranda
Wingert, DOB: May 5, 1991.
The parties hereto agree that the best interest and continuing welfare of the Children
would be best served with the custody arrangement as follows:
(a) As provided 23 Pa. C.S.A. §5309(a), each parent shall have full and complete access to
the Child, Shannon Wingert's mental, dental, religious and school records. This
includes the names, addresses and telephone numbers of all medical and other providers.
(b) Father shall have periods of visitation with the minor child, Miranda Wingert when she
expresses a desire to have visitation with her Father and brother. Mother and Father
shall have joint custody of the minor child, Shannon Wingert on a week on/week off
schedule with Mother picking up the child or, riday ev . .?g and ather picking the
child up the following Friday evening at a time agreed upon by the parties. If the-minor
child, Miranda Wingert expresses a desire to live with Father, Mother will consent to the
same without Father having to file a Petition to the Court to have the same Court
ordered. Mother will then adjust the Custody Order accordingly.
(c) The parties shall share the holidays as agreed upon by the parties and the children.
(d) Visitation may be at such other times as the parties mutually agree.
3. Each parry shall have reasonable telephone and e-mail access to the Children while the
Children are in the custody control of the parent.
4. The parties shall keep each other advised immediately relative to any emergencies
concerning the Child-ram and shall further take any necessary steps to ensure that the
health, welfare and well being of the Children are protected. The parties shall do nothing
that may estrange the Children from the other party or hinder the natural development of
the Children's love or affection for the other party.
5. Each party shall not make any disparaging remarks or allow others to make any
disparaging remarks concerning the Children's parents in front of the Children.
6. Any modification or waiver of any of the provisions of the agreement of the parties shall
be effective only if made in writing and only if executed with the same formality of the
agreement of the parties.
7. 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.
8. Both parties agree that the terms of this agreement have been fully explained to them by
their respective counsel or that both parties have had the opportunity to have legal
counsel review and fully explain the terms of this agreement. Mother is represented by
Michael O. Palermo, Jr., Esquire of Rominger, Bayley & Whare. Father is represented by
Carol J. Lindsay, Esquire of Saidis, Shuff, Flower & Lindsay.
t I ai... j arid
•'1.'^c:por?ited into an
9. The parties nei:i?? a . ;e Lla? uses agreement shad be recorc.ed ;..cr
Order enforceable by the Court.
S, d
Date
Date
113,11.2-0 06
Date
i /a
Date
Diana L.
Michael O. Palermo, Jr., Esquire /
Ronald L. Wingert-
Carol J.
t
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
,. Docket Number: CP-21-CR-0001570-1998
CRIMINAL DOCKET
Court Case
,P
Commonwealth of Pennsylvania
V.
Dale Eugene Moyer
CASE INFORMATION
Judge Assigned: Date Filed: 08/25/1998 Initiation Date: 08/25/1998
OTN: F1949043 Lower Court Docket No: CR-0000273-98
Initial Issuing Authority: Final Issuing Authority: Paula P. Correal
Arresting Agency: North Middleton, Police Dept Arresting Officer: Kibler, Thomas A.
Case Local Number Type(s) Case Local Number(s)
Legacy Docket Number 1998-1570
STATUS INFORMATION
Case Status: Active Processing Status: Migrated Case Complaint Date:
DEFENDANT INFORMATION
Name Dale Eugene Moyer Hair Color Black Eve Color Brown
Date of Birth 09/30/1968 Address
SSN 164-52-8581 Address Type Other :
SID 188-06-79-7 720 Grahams Woods Rd
Newville, PA 17241
Page 1 of 8
07/14/1998
Drivers License No 21659526
Drivers License State PA
CASE PARTICIPANTS`
Participant Type Name
Affiant Kibler, Thomas A.
Bondsman F13, See
Defendant Moyer, Dale Eugene
Prosecution Commonwealth of Pennsylvania
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania Sta
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liabi
forth in 18 Pa.C.S. Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21-CR-0001570-1998
Commonwealth of Pennsylvania Page 2 of 8
V,
Dale Eugene Moyer
BAIL INFORMATION
Moyer, Dale Eugene
Bail Action
Set
Date Bail Type Percentage
07/23/1998 Nonmonetary
CHARGES
Nebbia Status: None
Amount
Bail Posting Status Posting Date
$10,000.00
Posted 08/25/1998
Sequence Grade Section/ Description Statute Description Offense OTN
Date
1 F2 18 § 3122.1 Statutory Sexual Assault 09/01/1997 F1949043
2 F1 18 § 3123 §§A1 IDSI Forcible Compulsion 09/01/1997 F1949043
Disposition
Case Event
Sequence/Description
Sentencing Judge
Sentence/Diversion Program Tvpe
Migrated Disposition
Migrated Dispositional Event
1 / Statutory Sexual Assault
2 / IDS] Forcible Compulsion
DISPOSITION SENTENCING/PENALTIES
Disposition Date Final Disposition
Offense Disposition Section
Sentence Date Credit For Time Served
Incarceration/Diversionary Period Start Date
01/07/1999 Final Disposition
Guilty Plea 18 § 3122.1
Guilty Plea 18 § 3123 §§A1
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
CRIMINAL DOCKET
Court Case
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
,r
COMMONWEALTH INFORMATION
Name: Travis Neil Gery, Esq.
District Attorney
Supreme Court No: 057329
Address:
Pazan & Shimberg, P.C.
1289-A Bridge Road
PO Box 1403
Skippack PA 19474--1403
Commonwealth of Pennsylvania
V.
Dale Eugene Moyer
ATTORNEY INFORMATION
Name: Thomas J. Williams III, Esq.
Private
Supreme Court No: 017512
Counsel Status: Active
Address:
Martson, Deardorff, Williams & Otto
Martson Deardorff et al
10 E High Street
Carlisle PA 17013
Name: Thomas J. Williams III, Esq.
Private
Supreme Court No: 017512
Counsel Status: Active
Address:
Martson, Deardorff, Williams & Otto
10 E High Street
Carlisle PA 17013
Page 3 of 8
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
Docket Number: CP-21-CR-0001570-1998
CRIMINAL DOCKET
Court Case
Docket Number: CP-21-CR-0001570-1998
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania
V.
Dale Eugene Moyer
ENTRIES
Document Number
Comments
Registry Entry
CP Filed Date Filed B
Issue Date Service Type
1 08/25/1998 Migrated Filer/
TRANSCRIPT FROM DISTRICT JUSTICE, FILED -'
1 10/07/1998 Migrated Filer
INFORMATION FILED. CTS 1,2
2 10/07/1998 Migrated Filer
NOTICE OF TRIAL JOINDER, FILED. (98-1569 & 98-1571)
3 10/07/1998 Migrated Filer
NOTICE OF MANDATORY SENTENCE, FILED. CT 2.
4 10/07/1998 Migrated Filer
NOTICE OF MANDATORY SENTENCE, FILED. CT 3.
Title
Page 4 of 8
Service To
TRANSCRIPT FROM DISTRICT JUSTICE, F
INFORMATION FILED. CTS 1,2
NOTICE OF TRIAL JOINDER, FILED. (98
NOTICE OF MANDATORY SENTENCE, FILED
NOTICE OF MANDATORY SENTENCE, FILED
1 11/12/1998 Migrated Filer ARR & PRETRIAL CONF, FILED. 8/20/98
ARR & PRETRIAL CONF, FILED. 8/20/98. DEFF IS DIRECTED TO APPEAR FOR A PTC ON 1/5/99, AT 9:00 AM.,
AND TRIAL ON 1/19/99. ORDERD BY J. WESLEY OLER, JR., J.
1 11/19/1998 Migrated Filer OMNIBUS PRE-TRIAL MOTION, FILED.
OMNIBUS PRE-TRIAL MOTION, FILED.
1 11/20/1998 Migrated Filer APPOINTMENT OF COUNSEL, FILED 10/20
APPOINTMENT OF COUNSEL, FILED 10/20/98. PUBLIC DEFENDER IS APPOINTED TO REPRESENT THE DEF.
ORDERED BY J. WESLEY OLER, JR., J.
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
COURT OF COMMON-PLEAS OF CUMBERLAND COUNTY
"DOCKET
Docket Number: CP-21-CR-0001570-1998
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania
V,
Dale Eugene Moyer
Page 5 of 8
ENTRIES
Document Number CP Filed Date Filed B
Comments
Registry Entry
Issue Date Service Type
Title
Service To
2 11/20/1998 Migrated Filer AMENDED ORDER, FILED. 11/19/98. PRE
AMENDED ORDER, FILED. 11119/98. PREVIOUS ARRAIGNMENT ORDER OF COURT IS AMENDED TO REFLECT
THE DATE OF 10120/98, INSTEAD OF 8120/98, AND IN ALL OTHER RESPECTS THE ORDER SHALL REMAIN THE
SAME. ORDERED BY J. WESLEY OLER, JR., J.
1 11/24/1998 Migrated Filer ORDER OF COURT, FILED. 11/22/98. IN
ORDER OF COURT, FILED. 11/22/98. IN RE: OMNIBUS PRETRIAL MOTION. IT IS ORDERED THAT A HEARING
SHALL BE SCHEDULED FOR 1/14/99, AT 9:30 AM. ORDERED BY J. WESLEY OLER, JR., J.
1 12/09/1998 Migrated Filer PRAECIPE 12/3/98. THOMAS J. WILLIAM
PRAECIPE 12/3/98. THOMAS J. WILLIAMS, ESQ. OF MARTSON, DEARDORFF, WILLIAMS & OTTO ENTERED
AN APPEARANCE.
1 01/07/1999 Migrated Filer Migrated Disposition
Migrated Automatic Registry Entry (Disposition) Text
1 01/28/1999 Migrated Filer PROCEEDINGS FILED. IN RE: GUILTY PL
PROCEEDINGS FILED. IN RE: GUILTY PLEA COLLOQUY, 1/7/99, CTRM #5, JUDGE EDWARD E. GUIDO.
2 01128/1999 Migrated Filer GUILTY PLEA, FILED 1/7/99. DEF PLEA
GUILTY PLEA, FILED 1/7/99. DEF PLEAD AS CHARGED. PSI ORDERED. DEF APPEAR FOR SENTENCE 2/9/99
AT 9:OOAM. ORDERED EDWARD E. GUIDO, J.
1 02/17/1999 Migrated Filer SENTENCE, FILED 2/9/99. CT 1: PAY C
SENTENCE, FILED 2/9/99. CT 1: PAY COSTS OF PROS & 23 MOS SUPERVISED PROBATION ON CONDITION
HE OBTAIN & MAINTAIN FULL-TIME EMPLOYMENT, WORKING NOT LESS THAN 40 HRS PER WEEK; ATTEND
COUNSELING DIRECTED & COMPLY WITH ALL OTHER DIRECTIONS OF PROBATION OFFICER. IN ADDITION,
DEF TO MAKE ALL SUPPORT PAYMENTS DUE FOR HIS SON ON TIMELY BASIS & BRING ANY ARREARAGES
UP TO DATE W/IN 6 MOS OF THIS DATE. CT 2: PAY COSTS OF PROS & 23 MOS SUPERVISED PROBATION.
SENTENCE AT COUNT 2
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21-CR-0001570-1998
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania Page 6 of 8
V.
Dale Eugene Moyer
ENTRIES
1
Document Number CP Filed Date Filed B Title
Comments
Registry Entry
Issue Date Service Type Service To
2 02/17/1999 Migrated Filer DEVIATES FROM THE GUIDELINES. SEE 0
DEVIATES FROM THE GUIDELINES. SEE ORDER FOR DETAILS. ORDERED EDWARD E. GUIDO, J.
1 02/19/1999 Migrated Filer GUIDELINE SENTENCE FORM
GUIDELINE SENTENCE FORM
1 07/19/1999 Migrated Filer PETITION FOR VIOLATION OF PROBATION
PETITION FOR VIOLATION OF PROBATION AND ORDER OF COURT, FILED 7/15/99. DEF. TO APPEAR FOR A
HEARING 8/13/99 AT 9:30AM. ORDERED BY KEVIN A. HESS, J 7/20/99-COPIES MAILED
1 08/12/1999 Migrated Filer ORDER OF COURT, FILED 8/11199. IN R
ORDER OF COURT, FILED 8/11/99. IN RE: PETITION FOR REVOCATION OF PROBATION. ACTION IS
DEFERRED. DEF HAS PAID $200 TOWARDS THE BALANCE AND AGREES TO MAKE REG $60 MONTHLY
PAYMENTS. ORDERED BY KEVIN A. HESS, J
1 11/08/1999 Migrated Filer PETITION FOR REVOCATION OF PROBATIO
PETITION FOR REVOCATION OF PROBATION
1 12/21/1999 Migrated Filer ORDER OF COURT FILED 12/14/99. PETI
ORDER OF COURT FILED 12/14/99. PETITION FOR REVOCATION IS DISMISSED ORDERED EDWARD E.
GUIDO, J. 12/21/99 - COPIES DELIVERED
1 12/22/1999 Migrated Filer PROCEEDINGS FILED. IN RE: REVOCATIO
PROCEEDINGS FILED. IN RE: REVOCATION HEARING, 12/14/99, CTRM #5, JUDGE EDWARD E. GUIDO.
01/11/2000 Unknown Filer Original Papers Received from Lower Court
1 01/11/2001 Migrated Filer ORDER OF COURT, FILED 1/9/01. IN RE
ORDER OF COURT, FILED 1/9/01. IN RE: PETITION FOR VIOLATION OF PROBATION. DEF HAS PAID IN FULL.
PETITION IS DISMISSED. ORDERED BY KEVIN A. HESS, J.
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21-CR-0001570-1998
CRIMINAL DOCKET
Court Case
Document Number
Comments
Registry Entry
Issue Date
Case is Archived
Last Payment Date:
Commonwealth of Pennsylvania
V.
Dale Eugene Moyer
ENTRIES
CP Filed Date Filed By Title
Service Type Service To
02/17/2006 Case Archived
Registry added during archive
Page 7 of 8
CASE FINANCIAL INFORMATION
Total of Last Payment: $0.00
Moyer, Dale Eugene
Defendant
Costs/Fees
County Court Costs (Cumberland)
Sheriff Costs (Cumberland)
Firearm Education and Training Fund
(158 of 1994)
Crime Victims Compensation (Act 96
of 1984)
Crime Victims Compensation (Act 96
of 1984)
Domestic Violence Compensation (Act
44 of 1988)
State Court Cost (Act 204 of 1976)
Commonwealth Cost - HB627 (Act 167
of 1992)
JCP
District Attorney (Cumberland)
Assessment Payments Adjustments Non Monetary Total
Payments
$19.60 $0.00 ($19.60) $0.00 $0.00
$1.50 $0.00 ($1.50) $0.00 $0.00
$5.00 $0.00 ($5.00) $0.00 $0.00
$15.00 $0.00 ($15.00) $0.00 $0.00
$15.00 $0.00 ($15.00) $0.00 $0.00
$10.00 $0.00 ($10.00) $0.00 $0.00
$8.96 $0.00 ($8.96) $0.00 $0.00
$13.44 $0.00 ($13.44) $0.00 $0.00
$5.00 $0.00 ($5.00) $0.00 $0.00
$10.00 $0.00 ($10.00) $0.00 $0.00
P,i-& nznnignnR
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
a?
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
v Docket Number: CP-21-CR-0001570-1998
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania
V.
Dale Eugene Moyer
Page 8 of 8
Moyer, Dale Eugene Assessment Payments Adjustments Non Monetary Total
Defendant Payments
Plea Fee (Cumberland) $75.00 $0.00 ($75.00) $0.00 $0.00
DNA Detection Fund (Act 57 of 2002) $250.00 $0.00 ($250.00) $0.00 $0.00
Administrative Fee (Cumberland) $25.00 $0.00 ($25.00) $0.00 $0.00
Costs/Fees Totals: $453.50 $0.00 ($453.50) $0.00 $0.00
Grand Totals: $453.50 $0.00 ($453.50) $0.00 $0.00
Indicates assessment is subrogated
AOPC 1221 - Rev 03120/2006 Printed: 03120/2006
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
a '
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
I
CASE INFORMATION
Judqe Assigned: Date Filed: 08/25/1998 Initiation Date: 08/25/1998
OTN: F1416424 Lower Court Docket No: CR-0000348=98
Initial Issuing Authority: Final Issuing Authority: Paula P. Correal
Arresting Agency: Carlisle Psp Arresting Officer: Lander, Leonard G.
Case Local Number Type(s) Case Local Number(s)
Legacy Docket Number 1998-1571
STATUS INFORMATION `
Case Status: Closed Processing Status: Migrated Case Arrest Date: 08/11/1998
Complaint Date: 07/27/1998
Docket Number: CP-21-CR-0001571-1998
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania Page 1 of 6
V.
Dale Eugene Moyer
DEFENDANT INFORMATION
Name Dale Eugene Moyer Hair Color Black Eve Color Brown
Date of Birth 09/30/1968 Address
SSN 164-52-8581
SID 188-06-79-7
Drivers License No 21659526
Drivers License State PA
CASTE PARTICIPANTS
Participant Type Name
Affiant Lander, Leonard G.
Bail Payor Moyer, Dale Eugene
Defendant Moyer, Dale Eugene
Prosecution Commonwealth of Pennsylvania
Rev 03/2012006 Printed' 03/20/2006
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21-CR-000157;=1998 1
ET
CRIMINAL DO
Court Case
I Moyer, Dale Eugene
Bail Action
Set
Commonwealth of Pennsylvania Page 2 of 6
V.
Dale Eugene Moyer
BAIL INFORMATION
Nebbia Status: None
Date Bail Type Percentage
08/11/1998 Unsecured
CHARGES'
Amount
Bail Posting Status Posting Date
$10,000.00
Posted 08/11/1998
Sequence Grade Section/ Description Statute Description Offense OTN
Date
1 F2 18 § 3122 Statutory Rape 03/21/1998 F1416424
2 F1 18 § 3123 §§A7 IDSI Person Less Than 16 Yrs Age 03/21/1998 F1416424
3 F2 18§ 3125 Aggravated Indecent Assault 03/21/1998 F1416424
4 M2 18§ 3126 §§A8 Ind Asslt Person Less 16 Yrs Age 03/21/1998 F1416424
5 18 § 6301 §§A2 Corruption Of Minors 03/21/1998 F1416424
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21 -CR-0001 571-1998
CRIMINAL DOCKET
Court Case
j
.p
Commonwealth of Pennsylvania
V.
Dale Eugene Moyer
Page 3 of 6
DISPOSITION SENTENCING/PENALTIES
Disposition
Case Event Disposition Date Final Disposition
Sequence/Description Offense Disposition Section
Sentencing Judge Sentence Date Credit For Time Served
. Sentence/Diversion Program Type Incarceration/Diversionary Period Start Date
Migrated Disposition
Migrated Dispositional Event
1 / Statutory Rape
2 / IDSI Person Less Than 16 Yrs Age
3 / Aggravated Indecent Assault
4 / Ind Asslt Person Less 16 Yrs Age
5 / Corruption Of Minors
COMMONWEALTH INFORMATION
Name: Travis Neil Gery, Esq.
District Attorney
Supreme Court No: 057329
Address:
Pazan & Shimberg, P.C.
1289-A Bridge Road
PO Box 1403
Skippack PA 19474--1403
01/07/1999
Final Disposition ,
Quashed,,Dismis ed, 18 § 3122
Demurrer Sustained ,
Quashed, Dismissed; 18 § 3123 §§A7
Demurrer'SUgtained
Quashed,'Dismissed, 18 § 3125
Demurrer Sustained,
Quashed;,Dismiss ec?, 18 § 3126 §§A8
Demurrer Sustained
Quashed, Dismissed;I 18 § 6301 §§A2
Demurrer &wstained
ATTORNEY INFORMATION
Name: Thomas J. Williams III, Esq.
Private
Supreme Court No: 017512
Counsel Status: Active
Address:
Martson, Deardorff, Williams & Otto
Martson Deardorff et al
10 E High Street
Carlisle PA 17013
Printed 0312012006
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21-CR-0001571-1998
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania Page 4 of 6
V.
Dale Eugene Moyer
ENTRIES
Document Number CP Filed Date Filed By Title
Comments
Registry Entry
Issue Date Service Type Service To
1 08/2511998 Migrated Filer TRANSCRIPT FROM DISTRICT JUSTICE, F
TRANSCRIPT FROM DISTRICT JUSTICE, FILED
1 10/07/1998 Migrated Filer
INFORMATION FILED. CTS 1,2,3,4,5
2 10/07/1998 Migrated Filer
NOTICE OF TRIAL JOINDER, FILED. (98-1569 & 98-1570)
3 10/0711998 Migrated Filer
NOTICE OF MANDATORY SENTENCE, FILED. CT 2.
INFORMATION FILED. CTS 1,2,3,4,5
NOTICE OF TRIAL JOINDER, FILED. (98
NOTICE OF MANDATORY SENTENCE, FILED
1 11/12/1998 Migrated Filer ARR & PRETRIAL CONF, FILED. 8/20/98
ARR & PRETRIAL CONF, FILED. 8/20/98. DEF IS DIRECTED TO APPEAR FOR A PTC ON 1/5/99, AT 9:00 AM.,
AND TRIAL ON 1/19/99. ORDERED BY J. WESLEY OLER, JR., J.
1 11/19/1998 Migrated Filer OMNIBUS PRE-TRIAL MOTION, FILED.
OMNIBUS PRE-TRIAL MOTION, FILED.
1 11/20/1998 Migrated Filer APPOINTMENT OF COUNSEL, FILED 10/20
APPOINTMENT OF COUNSEL, FILED 10120/98. PUBLIC DEFENDER IS APPOINTED TO REPRESENT THE DEF.
ORDERED BY J. WESLEY OLER, JR., J.
2 11/20/1998 Migrated Filer AMENDED ORDER, FILED. 11/19/98. PRE
AMENDED ORDER, FILED. 11/19/98. PREVIOUS ARRAIGNMENT ORDER OF COURT IS AMENDED TO REFLECT
THE DATE OF 10/20/98, INSTEAD OF 8/20/98, AND IN ALL OTHER RESPECTS THE ORDER SHALL REMAIN THE
SAME. ORDERED BY J. WESLEY OLER, JR., J.
Printed:
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
s •?
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21 -CR-0001 571-1998
Commonwealth of Pennsylvania Page 5 of 6
V.
Dale Eugene Moyer
ENTRIES "
Document Number CP Filed Date Filed B Title
Comments
Registry Entry
Issue Date Service Type Service To
1 11/2411998 Migrated Filer ORDER OF COURT, FILED. 11/22/98. IN
ORDER OF COURT, FILED. 11/22/98. IN RE: OMNIBUS PRETRIAL MOTION. IT IS ORDERED THAT A HEARING
SHALL BE SCHEDULED FOR 1/14/99, AT 9:30 AM. ORDERED BY J. WESLEY OLER, JR., J.
1 12/0911998 Migrated Filer PRAECIPE 12/3/98. THOMAS J. WILLIAM
PRAECIPE 12/3/98. THOMAS J. WILLIAMS, ESQ. OF MARTSON, DEARDORFF, WILLIAMS & OTTO HAS
ENTERED AN APPEARANCE. ORDERED BY KEVIN A. HESS, J.
1 01/07/1999 Migrated Filer Migrated Disposition
Migrated Automatic Registry Entry (Disposition) Text
1 01/08/1999 Migrated Filer ORDER OF COURT, FILED. 1/8/99, DEF
ORDER OF COURT, FILED. 1/8199, DEF ENTERED GUILTY PLEAS ON 1/5/99, THE HEARING PREVIOUSLY
SCHEDULED FOR 1/14/99, IS CANCELLED. ORDERED BY J. WESLEY OLER, JR., J.
1 01/28/1999 Migrated Filer PROCEEDINGS FILED. IN RE: GUILTY PL
PROCEEDINGS FILED. IN RE: GUILTY PLEA COLLOQUY, 1/7/99, CTRM #5, JUDGE EDWARD E. GUIDO.
2 01/28/1999 Migrated Filer ORDER OF COURT, FILED 1/7/99. DEF P
ORDER OF COURT, FILED 1/7/99. DEF PLEAD TO CHARGES AT 98-1569 CR. & 98-1570 CR. IN FULL SAT. OF
ALL CHARGES AT THIS DOCKET. ORDERED EDWARD E. GUIDO, J.
1 08/08/2001 Unknown Filer Original Papers Received from Lower Court
02/17/2006 Case Archived
Case is Archived
Registry added during archive
M . n ns Printed:
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
CRIMINAL DOCKET
Court Case
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21 -CR-0001 571-1998
g CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania Page 6 of 6
V.
Dale Eugene Moyer
AOPC 1221 - Rev 03120/2006 Printed: 03120/2006
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET --
q Docket Number: CP-21-61-1.00_?%1998
CRIMINAL DOCKEfT?
Court Case
Commonwealth of Pennsylvania Page 1 of 8
V.
Dale Eugene Moyer
CASE INFORMATION
Case Status: Adjudicated
STATUS INFORMATION
Processing Status: Migrated Case
Complaint Date:
07/27/1998
DEFENDANT INFORMATION
Judge Assigned:
OTN: E9305763
Initial Issuing Authority:
Arresting Agency: Carlisle Psp
Case Local Number Type(s)
Legacy Docket Number
Date Filed: 08/25/1998 Initiation Date: 08/25/1998
Lower Court Docket No: CR-0000351-98
Final Issuing Authority: Paula P. Correal
Arresting Officer: Lander, Leonard G.
Case Local Number(s)
1998-1569
Eve Color Brown
Name Dale Eugene Moyer
Date of Birth 09/30/1968
SSN 164-52-8581
SID 188-06-79-7
Drivers License No 21659526
Drivers License State PA
Participant Tvoe
Affiant
Bondsman
Defendant
Prosecution
Hair Color Black
Address
Address Type Other :
720 Grahams Woods Rd
Newville, PA 17241
CASE PARTICIPANTS
Name
Lander, Leonard G.
F13, See
Moyer, Dale Eugene
Commonwealth of Pennsylvania
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21-CR-0001569-1998
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania
V.
Dale Eugene Moyer
BAIL INFORMATION
j Moyer, Dale Eugene
I Bail Action Date Bail Type Percentage
Page 2 of 8
Nebbia Status: None
Amount
Bail Posting Status Posting Date
Set 08/11/1998 Nonmonetary $10,000.00
Posted 08/25/1998
CHARGES
Sequence Grade Section/ Description
- ------
1
F2 ---- - ----
X18 § 3122.1 j \1
2 F1 . ' .18.§ 3123 §§Al', '
.
.
3 F2 18 § 3125
4 M2 18 § 3126 §§A8
5 18 § 6301 §6A2
Statute Description
Statutory Sexual Assault:
IDSI Forcible Compulsion
Aggravated Indecent Assault
Ind Asslt Person Less 16 Yrs Age
Corruption Of Minors
Offense OTN
Date
10/01/1997 E9305763
10/01/1997 E930576310/01/1997 E9305763
10/01/1997 E9305763
10/01/1997 E9305763
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
A
Commonwealth of Pennsylvania Page 3 of 8
V.
Dale Eugene Moyer
`DISPOSITION SENTENCING/PENALTIES
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21-CR-0001569-1998
CRIMINAL DOCKET
Court Case
Disposition
Case Event
Sequence/Description
Sentencing Judge
Sentence/Diversion Program Type
Migrated Disposition
Migrated Dispositional Event
1 / Statutory Sexual Assault
2 / IDSI Forcible Compulsioo:z_,,
3 / Aggravated Indecent Assault
4 / Ind Asslt Person Less 16 Yrs Age
5 / Corruption Of Minors
COMMONWEALTH INFORMATION
Name: Travis Neil Gery, Esq.
District Attorney
Supreme Court No: 057329
Address:
Pazan & Shimberg, P.C.
1289-A Bridge Road
PO Box 1403
Skippack PA 19474--1403
Disposition Date Final Disposition
Offense Disposition Section
Sentence Date Credit For Time Served
Incarceration/Diversionary Period Start Date
01/07/1999 Final Disposition
Guilty Plea 18 § 3122.1
Gujlty P.lea 18 §3123 §§A1
Quashed, Dismissed, 18 § 3125
Demurrer Sustained
Quashed, Dismissed, 18 § 3126 §§A8
Demurrer Sustained
Quashed, Dismissed, 18 § 6301 §§A2
Demurrer Sustained
AT't`ORNEY INFORMATION
Name: Thomas J. Williams III, Esq.
Private
Supreme Court No: 017512
Counsel Status: Active
Address:
Martson, Deardorff, Williams & Otto
Martson Deardorff et al
10 E High Street
Carlisle PA 17013
Name: Thomas J. Williams III, Esq.
Private
Supreme Court No: 017512
Counsel Status: Active
Address:
Martson, Deardorff, Williams & Otto
10 E High Street
Carlisle PA 17013
o.;,,,o.? nzronnnn?
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21-CR-0001569-1998
Commonwealth of Pennsylvania Page 4 of 8
V.
Dale Eugene Moyer
ENTRIES
Document Number CP Filed Date Filed By
Comments
Registry Entry
Issue Date Service Type
1 08/25/1998 Migrated Filer
TRANSCRIPT FROM DISTRICT JUSTICE, FILED
Title
Service To
TRANSCRIPT FROM DISTRICT JUSTICE, F
1 10/07/1998 Migrated Filer
INFORMATION FILED. CTS 1,2,3,4,5
2 10/07/1998 Migrated Filer
NOTICE OF TRIAL JOINDER, FILED. (98-1570 & 98-1571)
3 10/07/1998 Migrated Filer
NOTICE OF MANDATORY SENTENCE. FILED. CT 2.
4 10/07/1998 Migrated Filer
NOTICE OF MANDATORY SENTENCE. FILED. CT 3.
INFORMATION FILED. CTS 1,2,3,4,5
NOTICE OF TRIAL JOINDER, FILED. (98
NOTICE OF MANDATORY SENTENCE, FILED
NOTICE OF MANDATORY SENTENCE, FILED
1 11/12/1998 Migrated Filer ARR & PRETRIAL CONF, FILED. 8/20/98
ARR & PRETRIAL CONF, FILED. 8/20/98. DEF IS DIRECTED TO APPEAR FOR A PTC ON 1/5/99, AT 9:00 AM.,
AND TRIAL ON 1/19/99. ORDERED BY J. WESLEY OLER, JR., J.
1 11/19/1998 Migrated Filer OMNIBUS PRE-TRIAL MOTION, FILED.
OMNIBUS PRE-TRIAL MOTION. FILED.
1 11/20/1998 Migrated Filer APPOINTMENT OF COUNSEL, FILED 10120
APPOINTMENT OF COUNSEL, FILED 10/20/98. PUBLIC DEFENDER IS APPOINTED TO REPRESENT THE DEF.
ORDERED BY J. WESLEY OLER, JR., J.
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
CRIMINAL DOCKET
Court Case
r?
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21 -CR-0001 569-1998
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania Page 5 of 8
V.
Dale Eugene Moyer
ENTRIES
Document Number CP Filed Date Filed By Title
Comments
Registry Entry
Issue Date Service Type Service To
2 11/20/1998 Migrated Filer AMENDED ORDER, FILED. 11/19/98. PRE
AMENDED ORDER, FILED. 11/19/98. PREVIOUS ARRAIGNMENT ORDER OF COURT IS AMENDED TO REFLECT
THE DATE OF 10/20/98, INSTEAD OF 8/20/98, AND IN ALL OTHER RESPECTS THE ORDER SHALL REMAIN THE
SAME. ORDERED J. WESLEY OLER, JR., J.
1 11/24/1998 Migrated Filer ORDER OF COURT, FILED. 11/22/98. IN
ORDER OF COURT, FILED. 11/22/98. IN RE: OMNIBUS PRETRIAL MOTION. IT IS ORDERED THAT A HEARING
SHALL BE SCHEDULED FOR 1/14/99, AT 9:30 AM. ORDERED BY J. WESLEY OLER, JR., J.
1 12/09/1998 Migrated Filer PRAECIPE 1213/98. THOMAS J. WILLIAM
PRAECIPE 12/3/98. THOMAS J. WILLIAMS, ESQ. OF MARTSON, DEARDORFF, WILLIAMS & OTTO ENTERED
AN APPEARANCE.
1 01/07/1999 Migrated Filer Migrated Disposition
Migrated Automatic Registry Entry (Disposition) Text
1 01/08/1999 Migrated Filer ORDER OF COURT, FILED. 1/8/99, IN R
ORDER OF COURT, FILED. 1/8/99, IN RE: OMNIBUS PRETRIAL MOTION. DEF ENTERED GUILTY PLEAS ON
1/5/99, THE HEARING PREVIOUSLY SCHEDULED FOR 1/14/99, IS CANCELLED. ORDERED BY J. WESLEY
OLER, JR., J.
1 01/28/1999 Migrated Filer PROCEEDINGS FILED. IN RE: GUILTY PL
PROCEEDINGS FILED. IN RE: GUILTY PLEA COLLOQUY, 117/99, CTRM #5, JUDGE EDWARD E. GUIDO.
2 01/28/1999 Migrated Filer GUILTY PLEA, FILED 1/7/99. DEF PLEA
GUILTY PLEA, FILED 1/7/99. DEF PLEAD TO CTS 1 & 2 IN FULL SAT. PSI ORDERED. DEF APPEAR FOR
SENTENCE 2/9/99 AT 9:OOAM. ORDERED EDWARD E GUIDO, J.
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21-CR-0001569-1998
CRIMINAL DOCKET
Court Case
Document Number
Comments
Registry Entry
Issue Date
Commonwealth of Pennsylvania
V.
Dale Eugene Moyer
ENTRIES
CP Filed Date Filed By Title
Service Type
Service To
Page 6 of 8
1 02/17/1999 Migrated Filer SENTENCE, FILED 2/9/99. CT 1: PAY C
SENTENCE, FILED 2/9199. CT 1: PAY COSTS OF PROS, 23 MOS SUPERVISED PROBATION ON CONDITION HE
OBTAIN & MAINTAIN FULL-TIME EMPLOYMENT, WORKING NOT LESS THAN 40 HRS PER WEEK; & ATTEND
COUNSELING DIRECTED & COMPLY W/ALL OTHER DIRECTIONS OF PROBATION OFFICER. IN ADDITION, HE
IS TO MAKE ALL SUPPORT PAYMENTS DUE FOR HIS SON ON A TIMELY BASIS, & BRING ANY ARREARAGES
UP TO DATE W/IN 6 MOS OF THIS DATE. CT 2: PAY COSTS OF PROS & 23 MOS SUPERVISED PROBATION.
SENTENCE AT
2 02117/1999 Migrated Filer CNT 2 DEVIATES FROM THE GUIDELINES.
CNT 2 DEVIATES FROM THE GUIDELINES. SEE ORDER FOR DETAILS. ORDERED EDWARD E. GUIDO, J.
1 02/19/1999 Migrated Filer GUIDELINE SENTENCE FORM
GUIDELINE SENTENCE FORM
1 07/19/1999 Migrated Filer PETITION FOR VIOLATION OF PROBATION
PETITION FOR VIOLATION OF PROBATION AND ORDER OF COURT, FILED 7/15/99. DEF. TO APPEAR FOR A
HEARING 8/13/99 AT 9:30AM. ORDERED BY KEVIN A. HESS, J 7/20/99-COPIES MAILED
1 08/12/1999 Migrated Filer ORDER OF COURT, FILED 8/11/99. IN R
ORDER OF COURT, FILED 8/11/99. IN RE: PETITION FOR REVOCATION OF PROBATION. ACTION IS
DEFERRED. DEF HAS PAID $200 AND HAS AGREED TO MAKE REG $60 MONTHLY PAYMENTS. ORDERED BY
KEVIN A. HESS. J
1 11/08/1999 Migrated Filer PETITION FOR REVOCATION OF P_RO_ BATIO
PETITION FOR REVOCATION OF PROBATION
1 12/20/1999 Migrated Filer ORDER OF COURT FILED 12114/99. PETI
ORDER OF COURT FILED 12/14/99. PETITION FOR REVOCATION IS DISMISSED ORDERED EDWARD E.
GUIDO, J. 12/21/99 - COPIES DELIVERED
1 12/22/1999 Migrated Filer PROCEEDINGS FILED. IN RE: REVOCATIO
PROCEEDINGS FILED. IN RE: REVOCATION HEARING, 12/14/99, CTRM #5, JUDGE EDWARD E. GUIDO.
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
f,
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET _
Docket Number: CP-21 -CR-0001 569-1998
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania Page 7 of 8
V.
Dale Eugene Moyer
ENTRIES
Document Number CP Filed Date Filed By Title
Comments
Registry Entry
Issue Date Service Type
1 12128/1999 Unknown Filer
1 10/23/2000 Migrated Filer
ORDER OF COURT, FILED 10/18/00. IN RE: PETITION I
PETITION IS DISMISSED. ORDERED BY KEVIN A. HESS, J.
02/17/2006
Case is Archived
Service To
Original Papers Received from Lower Court
ORDER OF COURT, FILED 10/18/00. IN
:OR REVOCATION OF PAROLE. DEF HAS PAID IN FULL
Case Archived
Registry added during archive
CASE FINANCIAL INFORMATION
Last Payment Date: Total of Last Payment: $0.00
Moyer, Dale Eugene Assessment Payments Adjustments Non Monetary Total
Defendant Payments
Costs/Fees
County Court Costs (Cumberland) $19.60 $0.00 ($19.60) $0.00 $0.00
Sheriff Costs (Cumberland) $1.50 $0.00 ($1.50) $0.00 $0.00
Firearm Education and Training Fund $5.00 $0.00 ($5.00) $0.00 $0.00
(158 of 1994)
Crime Victims Compensation (Act 96 $15.00 $0.00 ($15.00) $0.00 $0.00
of 1984)
Crime Victims Compensation (Act 96 $15.00 $0.00 ($15.00) $0.00 $0.00
of 1984)
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
* 1
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21-CR-0 001569-1998
CRIMINAL DOCKET
Court Case
Commonwea lth of Pennsylvania Page 8 of 8
V.
Dale Eugene Moyer
Moyer, Dale Eugene Assessment Payments Adjustments Non Monetary Total
Defendant Payments
Domestic Violence Compensation (Act $10.00 $0.00 ($10.00) $0.00 $0.00
44 of 1988)
State Court Cost (Act 204 of 1976) $8.96 $0.00 ($8.96) $0.00 $0.00
Commonwealth Cost - HB627 (Act 167 $13.44 $0.00 ($13.44) $0.00 $0.00
of 1992)
JCP $5.00 $0.00 ($5.00) $0.00 $0.00
District Attorney (Cumberland) $10.00 $0.00 ($10.00) $0.00 $0.00
Plea Fee (Cumberland) $75.00 $0.00 ($75.00) $0.00 $0.00
DNA Detection Fund (Act 57 of 2002) $250.00 $0.00 ($250.00) $0.00 $0.00
Administrative Fee (Cumberland) $25.00 $0.00 ($25.00) $0.00 $0.00
OSP (Cumberland/State) (Act 35 of $287.50 $0.00 ($287.50) $0.00 $0.00
1991)
OSP (Cumberland/State) (Act 35 of $287.50 $0.00 ($287.50) $0.00 $0.00
1991)
Costs/Fees Totals: $1,028.50 $0.00 ($9,028.50) $0.00 $0.00
Grand Totals: $1,028.50 $0.00 ($1,028.50) $0.00 $0.00
" Indicates assessment is subrogated
AOPC 1221 - Rev 03/20/2006 Printed: 0312012006
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
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asterisks (*) identify those which include one or more of these fi:
Classification: By law, street addresses MAY NOT be 1
Sex Offender classified as a Sex Offender, but may t
classified as a Sexually Violent Predato
Type of Offense: 3123 - IN'
SEXUAL II
=
W ". Date of Conviction: 8/11/1991
?Y. Name: DALE EUG!-)-( -C
Aliases: None Iistel11OiQr
Year of Birth: 1968 U
id
Add
I ! ence
Res
s City & Zip Code: NEWVILLE
County of Residence: Cumberlai
Facility of Higher E
City & Zip Code: None liste
County of School: None liste
Employment Ad
l 1 .14 City & Zip Code: CARLISLE
el
' County of Employer: Cumberlal
Date Photo Entered:
3/6/2006
Back
Under PA law, you are only entitled to the listed information of thi!
believe the listed information is in error, contact the Pennsylvania
Law Section, at 1-866-771-3170.
THE INFORMATION PROVIDED ON THIS SITE IS INTENDED FOR C
PURPOSES ONLY AND SHOULD NOT BE USED TO THREATEN, INTI
MISUSE OF THIS INFORMATION MAY RESULT IN CRIMINAL PROSE
t
3 /1 ol AL
LAW OFFICES
SAIDIS, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
JOHN E. SLIKE CARLISLE, PENNSYLVANIA 17013
ROBERT C. SAIDIS TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
JAMES D. FLOWER, JR EMAIL: attomey@sfl-law.com
CAROL J. LINDSAY www.sfl-law.com
MICHAEL L. SOLOMON
BRIAN C. CAFFREY
GEORGE F. DOUGLAS, III
THOMAS E. FLOWER
MARYLOU MATAS
SUZANNE C. HIXENBAUGH
April 28, 2006
Via Facsimile 241-6878
Michael O. Palermo, Jr., Esquire
Rominger, Bayley & Whare
155 South Hanover Street
Carlisle, PA 17013
Re: Wingert/Mooney
Dear Mike:
CAMP HILL OFFICE:
2109 MARKET STREET
CAMP HILL, PA 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
REPLY TO CARLISLE
Thank you for agreeing to review the criminal charges filed against Mr. Moyer. We are
looking for a Stipulation according to which the Court may order that the children have no
contact with Dale Eugene Moyer and that any contact thereafter will result in the children
returning to the residence with Mr. Wingert. Thank you for your assistance.
Very truly yours,
SAIDIS, FLOWER & LINDSAY
Carol J. Lindsay, Esquire
CJL/bes
Enclosures
cc: Ronald L. Wingert
VERIFICATION
I verify that the statements made in the foregoing document 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 falsifications to authorities.
Ronald L. Wingert
Date: June 1, 2006
FLOWER &
LIlVDS"
26 West High Street
Carlisle, PA
CERTIFICATE OF SERVICE
On this 15t day of June, 2006, Carol J. Lindsay, Esquire, of the law firm of SAIDIS,
FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was
served on the following individuals, via first class mail, postage prepaid, addressed as follows:
Michael O. Palermo, Jr., Esquire
Rominger, Bayley & Whare
155 South Hanover Street
Carlisle, PA 17013
SAIDIS, FLOWER & LINDSAY
q lire
Carol J. Lindsaric
Supreme Cou o.
44693
26 West High t t
Carlisle, PA 17013
717-243-6222
SAIDIS,
FLOWER &
LINDSAY
ATMIDEVS-ATUw
26 West High Street
Carlisle, PA
ti
4
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j
DIANA L. MOONEY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
02-5535 CIVIL ACTION LAW
RONALD L. WINGERT
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Monday, June 05, 2006 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 11, 2006 at 8:30 AM
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 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 any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ ac ue. ne M. Verne Es .
Custody Conciliator
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
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
D
RECE!VE0 JUL 12 0-65
DIANA L. MOONEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 02-5535 CIVIL ACTION - LAW
RONALD L. WINGERT, .
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 13k day of Zt„ t ?4 2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. A hearing is scheduled in Court Room No. / , of the Cumberland
County Court House, on the /,,?;U day of &6?hg2 2006, at . d
o'clock, 4. M., at which time testimony will be taken. For purposes of this Hearing,
the Father shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least ten days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the prior Order
of Court dated February 15, 2006 shall remain in full force and effect with the following
modifications:
Mother shall never leave the children alone with Dale Eugene Moyer.
4. The parties shall assure that the children resume counseling with Wanda
Mays at such frequency as the counselor recommends.
5. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
v
BY THE COURT,
,,
cc: Carol J. Lindsay, Esquire, counsel for Father
Michael O. Palermo, Jr., Esquire, counsel for Mother
RECEIVE) JUL II "OF, SI
DIANA L. MOONEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 02-5535 CIVIL ACTION - LAW
RONALD L. WINGERT,
Defendant/Petitioner
: IN CUSTODY
PRIOR JUDGE: J. Wesley Oler, Jr., J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Shannon Wingert April 5, 1995 shared
Miranda Wingert May 5, 1991 Mother
2. A Conciliation Conference was held July 11, 2006 with the following
individuals in attendance: The Father, Ronald L. Wingert, with his counsel, Carol J.
Lindsay, Esquire, and the Mother, Diana L. Mooney, with her counsel, Michael O.
Palermo, Jr., Esquire.
3. The Honorable J. Wesley Oler, Jr. previously entered a stipulated Order of
Court on February 15, 2006 providing for shared legal custody, Mother having primary
physical custody of Miranda and the parents having shared physical custody of Shannon
on a week on/week off schedule.
4. Father's position on custody is as follows: Father seeks shared legal and
primary physical custody of the girls with Mother having alternating weekends. Father
requests that on Mother's weekends her current live-in boyfriend be excluded from the
home. Father maintains that the children are not safe in the home because Mother's live-
in boyfriend is a Megan's Law sexual predator.
5. Mother's position on custody is as follows: Mother seeks the status quo to
be maintained. She insists that she does not leave the children alone with her boyfriend
and will maintain their safety.
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and maintaining the status quo. It is expected that the Hearing will require one
day.
I-I1-4
Date acq line M. Verney, Esquire
Custody Conciliator
DIANA L. MOONEY (formerly
Wingert),
Plaintiff
V.
RONALD L. WINGERT,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-5535
IN CUSTODY
PRAECIPE
Please withdraw Defendant's Petition for Modification in the captioned case without
prejudice.
SAIDIS, FLOWER & LI
SAIDIS,
F7AWER &
LINDSAY
ATIORNEYS•AT _
26 West High Street
Carlisle, PA
Dated: -! 151 rk
Carol J. Lindsay, Esc
Supreme Court II) N
26 West High Street
Carlisle, PA 17013
717-243-6222
1
CERTIFICATE OF SERVICE
day of September, 2006, Carol J. Lindsay, Esquire, of the law
On this V.
firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached
document was served on the following individuals, via first class mail, postage prepaid,
addressed as follows:
Michael O. Palermo, Jr., Esquire
Rominger, Bayley & Whare
155 South Hanover Street
Carlisle, PA 17013
SAIDIS, FLOWER & LINDSAY
Carol J. L`6dgi y,- Esq
Supreme Court ID N'
26 West High Street-
Carlisle, PA 17013
717-243-6222
SAIDIS,
LINDSAY
AT[ORNM-AT uw
26 West High Street
Carlisle, PA
to
5
rn
n
rv
crl "?
DIANA L. MOONEY, :
Plaintiff
V.
RONALD L. WINGERT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-5535 CIVIL TERM
ORDER OF COURT
AND NOW, this 19th day of September, 2006, upon consideration of the attached
letter from Carol J. Lindsay, Esq., attorney for Defendant, the hearing previously
scheduled in the above matter for October 12, 2006, is cancelled.
/<ichael O. Palermo, Jr., Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
Xarol J. Lindsay, Esq.
26 West High Street
Carlisle, PA 17013 J
Attorney for Defendant
:rc
BY THE COURT,
VNdl+,`1k M, 3d
60 :Z d OZ d3S 90OZ
AUVIONU UOdd 3HI 4
301:H0--31U
JOHN E. SLIKE
ROBERT C. SAIDIS
JAMES D. FLOWER JR
CAROL J. LINDSAY
MICHAEL L. SOLOMON
BRIAN C. CAFFREY
GEORGE F. DOUGLAS, III
THOMAS E. FLOWER
MARYLOU MATAS
SUZANNE C. HIXENBAUGH
LAW OFFICES
SAIDIS, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
EMAIL: attorney®sfl-law.com
www.sfl-law.com
September 18, 2006
The Honorable J. Wesley Oler, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Diana L. Mooney v. Ronald L. Wingert
No. 2002-5535
Dear Judge Oler:
CAMP HILL OFFICE:
2109 MARKET STREET
CAMP HILL, PA 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
REPLY TO CARLISLE
A hearing in the captioned case is scheduled for October 12. On behalf of Mr. Wingert,
Defendant and Petitioner, I have withdrawn his Petition for Modification. I enclose a copy of the
Praecipe which I filed with the Prothonotary. The hearing scheduled for October 12 will no
longer be necessary. Thank you for your help.
Very truly yours,
SAIDIS, FLOWER & IJIQSAY
Cif
Carol J. Lindsay, E uire
CJ L/bes
cc: Michael O. Palermo, Jr., Esquire
Ronald L. Wingert
SEP I ? 2?
DIANA L. MOONEY (formerly
Wingert),
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
V.
RONALD L. WINGERT,
Defendant
NO. 2002-5535
IN CUSTODY
PETITION FOR MODIFICATION
NOW COMES, Ronald L. Wingert, by and through his counsel, Saidis, Flower &
Lindsay, and states as follows:
1. He is the father of a minor child, Shannon Wingert, born April 5, 1995. Plaintiff
above, Diana L. Mooney, is the mother of said child.
2. On February 15, 2006, this Honorable Court entered an Order based on a
Stipulation of the Parties. A copy of the Order is attached hereto as Exhibit "A". The Order
provided that the parties share custody of Shannon on a week-on, week-off basis.
3. For the last twelve weeks, the child has been residing with Petitioner
exclusively at the request of Respondent.
4. Respondent has made few attempts to speak with the child or to visit with her.
5. The child does not wish to return to week-on, week-off schedule, but rather
wishes to reside with Petitioner.
WHEREFORE, Petitioner prays this Honorable Court to modify the Order of February
SAIDIS,
FLOWER &
LINDSAY
M'WRNEl'S.AT•1AW
26 West High Street
Carlisle, PA
15, 2006 to provide primary physical custody of the child to him with partial custody to
Respondent as the parties can agree.
Dated:
r
Respectfully submitted,
SAIDIS, FLOWER & LIND4
0
Carol J. Lindsay, Etsqu e
Supreme Court ID No. 44693
26 West High Street
Carlisle, PA 17013
717-243-6222
-y??.??/?? ???.. ?_' ?? --try.. '•??- "?
i
DIANA L. MOONEY(formerly Wingert) : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
a.
RONALD L. WINGERT,
Defendant
No. 2002-5535
IN CUSTODY
ORDER OF COURT
AND NOW, this day of Ij-, , 2006, based on the Stipulation of
the parties, the Court hereby Orders as follows:
1. Diana L. Wingert/Mooney (hereinafter Mother) and Ronald L. Wingert (hereinafter
Father) shall have shared legal custody of their minor child, Shannon Wingert, DOB:
April 5, 1995. Mother and Father shall have shared primary physical custody of the
minor child, Shannon Wingert.
2. Mother shall have shared legal and primary physical custody of the minor child,
Miranda Wingert, DOB: May 5, 1991.
The parties hereto agree that the best interest and continuing welfare of the Children
would be best served with the custody arrangement as follows:
(a) As provided 23 Pa. C.S.A. §5309(a), each parent shall have full and complete
access to the Child, Shannon Wingert's mental, dental, religious and school records.
This includes the names, addresses and telephone numbers of all medical and other
providers.
EX,
? q
(b) Father shall have periods of visitation with the minor child, Miranda Wingert when
she expresses a desire to have visitation with her Father and brother. Mother and
Father shall have joint custody of the minor child, Shannon Wingert on a week
on/week off schedule with Mother picking up the child on Friday evening and Father
picking the child up the following Friday evening at a time agreed upon by the parties.
If the minor child, Miranda Wingert expresses a desire to live with Father, Mother
will consent to the same without Father having to file a Petition to the Court to have
the same Court ordered. Mother will then adjust the Custody Order accordingly.
(c) The parties shall share the holidays as agreed upon by the parties and the children.
(d) Visitation may be at such other times as the parties mutually agree.
3. Each party shall have reasonable telephone and e-mail access to the Children while
the Children are in the custody control of the parent.
4. The parties shall keep each other advised immediately relative to any emergencies
concerning the Children and shall further take any necessary steps to ensure that the
health, welfare and well being of the Children are protected. The parties shall do
nothing that may estrange the Children from the other party or hinder the natural
development of the Children's love or affection for the other party.
5. Each party shall not make any disparaging remarks or allow others to make any
disparaging remarks concerning the Children's parents in front of the Children.
6. Any modification or waiver of any of the provisions of the agreement of the parties
shall be effective only if made in writing and only if executed with the same formality
of the agreement of the parties.
7. 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.
8. Both parties agree that the terms of this agreement have been fully explained to them
by their respective counsel or that both parties have had the opportunity to have legal
counsel review and fully explain the terms of this agreement. Mother is represented
by Michael O. Palermo, Jr., Esquire of Rominger, Bayley & Whare. Father is
represented by Carol J. Lindsay, Esquire of Saidis, Shuff, Flower & Lindsay.
The parties hereto agree that this agreement shall be recorded and incorporated into an
Order enforceable by the Court.
5 L) Gc
J.
;.... ys - .. 3
AP 1
DIANA L. MOONEY(formerlyWINGERT),
Plaintiff
V.
RONALD L. WINGERT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
- T
NO. 2002-5535 CIVIL TERM
IN CUSTODY _ -'
STIPULATION AGREEMENT AS TO CUSTODY
The plaintiff, Diana L. Mooney/(Wingert), hereinafter referenced as "Mother," and
Defendant, Ronald L. Wingert, hereinafter referenced as "Father," hereby agree to the entry of
the following terms in a Court Order defining custody and partial custody rights and
responsibilities in relation to the parties' minor children, Shannon Wingert, born April 5, 1995,
and Miranda Wingert, born May 5, 1991, hereinafter referenced as "Children":
1. Diana L. Wingert/Mooney (hereinafter Mother) and Ronald L. Wingert (hereinafter
Father) shall have shared legal custody of their minor child, Shannon Wingert, DOB:
April 5, 1995. Mother and Father shall have shared physical custody of the minor child,
Shannon Wingert.
2. Mother shall have shared legal and primary physical custody of the minor child, Miranda
Wingert, DOB: May 5, 1991.
The parties hereto agree that the best interest and continuing welfare of the Children
would be best served with the custody arrangement as follows:
(a) As provided 23 Pa. C.S.A. §5309(a), each parent shall have full and complete access to
the Child, Shannon Wingert's mental, dental, religious and school records. This
includes the names, addresses and telephone numbers of all medical and other providers.
(b) Father shall have periods of visitation with the minor child, Miranda Wingert when she
expresses a desire to have visitation with her Father and brother.. Mother and Father
shall have joint custody of the minor child, Shannon Wingert on a week on/week off
schedule with N4otiier picki.rtg up the child cn ' riday e ? tig anti ather picking ti.e
child up the following Friday evening at a time agreed upon by the parties. If the minor
child, Miranda Wingert expresses a desire to live with Father, Mother will consent to the
same without Father having to file a Petition to the Court to have the same Court
ordered. Mother will then adjust the Custody Order accordingly.
(c) The parties shall share the holidays as agreed upon by the parties and the children.
(d) Visitation may be at such other times as the parties mutually agree.
3. Each party shall have reasonable telephone and e-mail access to the Children while the
Children are in the custody control of the parent.
4. The parties shall keep each other advised immediately relative to any emergencies
concerning the Children and shall further take any necessary steps to ensure that the
health, welfare and well being of the Children are protected. The parties shall do nothing
that may estrange the Children from the other party or hinder the natural development of
the Children's love or affection for the other party.
5. Each party shall not make any disparaging remarks or allow others to make anv
disparaging remarks concerning the Children's parents in front of the Children.
6. Any modification or waiver of any of the provisions of the agreement of the parties shall
be effective only if made in writing and only if executed with the same formality of the
agreement of the parties.
7. 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.
8. Both parties agree that the terms of this agreement have been fully explained to them by
their respective counsel or that both parties have had the opportunity to have legal
counsel review and fully explain the terms of this agreement. Mother is represented by
Michael O. Palermo, Jr., Esquire of Rominger, Bayley & Whare. Father is represented by
Carol J. Lindsay, Esquire of Saidis, Shuff, Flower & Lindsay.
9. The rarde. IleI`_t?! G e dial .ills agri:t '1 1
`' .'.! ?. ?"-d . ? 1. ..,,tPcS f an
sil
Order enforceable by the Court.
Date Diana L. Moone in
Date Michael O. alermo, Jr., Esquire
Date Ronald L. Wingert
r
Dater Carol J. Lindsay, u-squire
VERIFICATION
verify that the statements made in the foregoing document 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 falsifications to authorities.
onald L. Wingert V
Date:
SAMIS,
FLOWER &
LINDSAY
AT ORNM-AT•IAW
26 West High Street
Carlisle, PA
CERTIFICATE OF SERVICE
On this r3 day of April, 2007, Carol J. Lindsay, Esquire, of the law firm of SAIDIS,
FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was
served on the following individuals, via first class mail, postage prepaid, addressed as follows:
Michael O. Palermo, Jr., Esquire
Rominger, Bayley & Whare
155 South Hanover Street
Carlisle, PA 17013
SAIDIS, FLOWER & LINDSAY
Carof-'J. LFndsay, Wire
Supreme Coin ID . 44693
26 West High!Stre
Carlisle, PA 17013
717-243-6222
SAIDIS,
FLOWER &
LINDSAY
AI70B.WM-AT•IAW'
26 West High Street
Carlisle, PA
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DIANA L. MOONEY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
02-5535 CIVIL ACTION LAW
RONALD L. WINGERT
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, April 26, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 29, 2007 at 10:30 AM
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 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 any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Jacqueline M. Verney, Esq.
Custody Conciliator
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
mist 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
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
i1??/1AS fir,=tcl
LN 'r
09 .Z W 9Z M LOOT
A?d1GvV.r?wd 3Hi. 30
3D'I?K -fMH
DIANA L. MOONEY (formerly IN THE COURT OF COMMON PLEAS
Wingert), CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
V.
NO. 2002-5535
RONALD L. WINGERT,
Defendant IN CUSTODY
STIPULATION
The parties hereto stipulate as follows:
1. They are the parents of Shannon Wingert, born April 5, 1995.
2. On February 15, 2006, this Honorable Court entered an Order based on a
Stipulation of the Parties calling, inter alia., for shared physical custody of Shannon Wingert.
3. The Court's Order of February 15, 2006 was modified by a July 13, 2006
Order incorporating the Court's prior Order and adding some additional terms.
4. Since approximately February 1, 2007, Shannon has been residing primarily
with Father.
5. The parties agree that the Court's Order of February 15, 2006 as modified on
July 13, 2006 shall be amended so that Shannon shall reside primarily with Father with
alternating weekends with Mother and at such other times as the child may request, which
requests Father will not unreasonably deny. In all other respects, the Court's Orders of
February 15, 2006 and July 13, 2006 shall remain in full force and effect.
Witness:
auto
Diana L. Mooney
c
Ronald L. Wingert
r, a
Cll
1110
-71
MAY 2 5 2007
DIANA L. MOONEY (formerly IN THE COURT OF COMMON PLEAS
Wingert), CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
V.
NO. 2002-5535
RONALD L. WINGERT,
Defendant IN CUSTODY
ORDER OF COURT
NOW, this day of Tv, C _ , 2007, upon consideration of the
within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court.
By the Court,
t J.
> ce.) r
cx=
o
4
JUN 1 2 2007
DIANA L. MOONEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2002-5535 CIVIL ACTION - LAW
RONALD L. WINGERT,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 1 lth day of June, 2007, the Conciliator being advised that the
parties have reached a stipulated agreement, the Conciliator hereby relinquishes
jurisdiction in this matter.
FOR THE COURT,
ac eline M. Verney, Esquire, stody Conc
t? rv
n
771
-C' co -XI
Co