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Kachina W. Mooney. a Minor,
by Dianna M. Mooney.
her Guardian, Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
Richard Mooney.
Defendant
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 97-/Pt1 CIVIL TERM
PROTECTION FROM ABUSE
AND NOW, this
TEMPORARY PROTECTION ORDER
~ day of April, 1997, upon presentation
and consideration of the within Petition, and upon finding that
the plaintiff. Kachina W. Mooney, a minor, by Dianna M. Mooney.
her Guardian and mother. now residing at 927 N. West Street.
Carlisle, Cumberland County, Pennsylvania. is in immediate and
present danger of abuse from the defendant. Richard Mooney. the
following Temporary Order is entered.
The defendant, Richard Mooney, ISSN: 200-36-1616 and date of
birth: 6/22/56) now residing at 927 N. West Street. Carlisle.
Cumberland County. Pennsylvania. is hereby enjoined from
physically abusing the plaintiff. Kachina W. Mooney. a minor
child. or placing her in fear of abuse.
The defendant is excluded from the plaintiff's residence
located at 927 N. West Street, Carlisle, Cumberland County,
Pennsylvania, a residence which is jointly owned by Dianna M. and
Richard M. Mooney, except on Fridays. Saturdays and Sundays if
Kachina W. Mooney. the minor child. is not present at the
residence.
The defendant is ordered to stay away from any other
residence where Kachina W. Mooney. resides or is staying.
The defendant is ordered to refrain from having any direct
or indirect contact with Kachina W. Mooney, the minor child,
including, but not limited to, telephone and written
communications.
The defendant is enjoined from harassing and stalking the
minor child and from harassing her relatives.
The defendant is enjoined from entering the minor child's
school.
A violation of this Order may subject the defendant to: i)
arrest under 23 Pa,C,S, 66113; ii) a private criminal complaint
under 23 Pa,C,S. 66113.1; iii) a charge of indirect criminal
contempt under 23 Pa.C.S, 66114, punishable by imprisonment up to
six months and a fine of $100.00-$1,000,00; and iv) civil
contempt under 23 Pa.C.S. 66114.1. Resumption of co-residence on
the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
This Order shall remain in effect until modified or
terminated by the Court and can be extended beyond its original
expiration date if the Court finds that the defendant has
committed another act of abuse or has engaged in a pattern or
practice that indicates continued risk of harm to the minor
child.
A hearing shall be held on this matter on the
It it... day of
,
April, 1997, at _'.1: -1/,
P.m., in Courtroom No.5-, Cumberland
County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing.
The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiff's r~quest and without pre-payment
of fees, but service may be accomplished under any applicable
rule of Civil Procedure.
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this Order to the defendant
by mail.
The Carlisle Police Department will be provided with a
certified copy of this Order by the plaintiff's attorney. This
Order shall be enforced by any law enforcement agency where a
violation occurs by arrest for indirect criminal contempt without
warrant upon probable cause that this Order has been violated,
whether or not the violation is committed in the presence of the
police officer. In the event that an arrest is made under this
section, the defendant shall be taken without unnecessary delay
before the court that issued the order. When that court is
unavailable, the defendant shall be taken before the appropriate
district justice. (23 Pa.C.S. ~ 6113).
By the Court,
Kachina W. Mooney, a Minor,
by Dianna M. Mooney,
her Guardian, Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-
CIVIL TERM
Richard Mooney,
Defendant
PROTECTION FROM ABUSE
NOTICE
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action promptly
after this Petition, Order and Notice are scrved, by appearing
personally or by attorney at the hearing scheduled by the Court and
presenting to the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the Court
may procced without you, and a judgment may be entered against you by
thc Court without further notice for any money claimed in the Petition
or for any other claim or relief requested by the plaintiff. You may
lose money Qr property or other rights important to you.
FEES AND COSTS
If the case goes to hearing and the judge grants a Protection
Order, a surcharge of $25.00 will be assessed against you. You may
also be required to pay attorney fees to Legal Services, Inc. for
their representation of the plaintiff.
You should take this paper to your lawyer at once. If you do not
have a lawyer or cannot afford onc, go to or telephone the office set
forth below to find out where you can get legal help,
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law
to comply with the Americans with Disabilities Act of 1990, For
information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72
hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
Knchina W. Mooney, a Minor,
by Dianna M. Mooney,
her Guardian, Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
Richard Mooney,
Defendant
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-/IC1CIVIL TERM
PROTECTION FROM ABUSE
,/
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PETITION FOR PROTECTION ORDER
RELIEF UNDER TilE PROTECTION FROH ABUSE
ACT, 23 Pa,C.S, g 6101 et seq,
A, ABUSE
1. The plaintiff, Kachina W. Mooney, a minor, is residing
with her mother and guardian, Dianna M. Mooney at 927 N. West
Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. The defendant, Richard M. Mooney, (SSN: 200-36-
1616)(Date of Birth: 6/22/56), is an adult individual residing at
927 N. West Street, Carlisle, Cumberland County, Pennsylvania,
17013.
3. The defendant is the minor child's father and the
guardian's husband.
4. Since approximately 1987, the defendant has sexually
abused the minor child and has knowingly engaged in a course of
conduct or repeatedly committed acts toward the minor child which
have placed her in reasonable fear of bodily injury. This has
included, but is not limited to, the following specific instances
of abuse'
On several different occasions from 1987 through
the present and in the recent past more frequently, the
1
defendant has sexually abused the minor child and
engaged in unwanted sexual behavior which has caused
her to fear for her safety. The Cumberland County
Children and Youth are currently conducting an
investigation into this matter.
5. The plaintiff belicves and therefore avers that she is
in immediate and present danger of abuse from the defendant
should she remain in the home with the defendant and that she is
in need of protection from such abuse.
6. The plaintiff desircs that the defendant be prohibited
from having any direct or indirect contact with the minor child
including, but not limited to, telephonn 1\1..1 wl'lt.ten
communications.
7. The plaintiff desires that the defendant be enjoined
from harassing and stalking the minor child, and from harassing
her relatives.
8. The plaintiff desires that the defendant be restrained
from entering the school of the minor child.
B. EXCLUSIVE POSSESSION
9. The guardian, Dianna M. Mooney, currently has no place
to stay with her child except the marital home. The defendant is
a truck driver who is away from the residence a majority of the
time. He has accommodations to be able to sleep in his truck.
The guardian is willing to allow the defendant to return to the
residence on Fridays, Saturdays, and Sundays, if the minor child
2
is not present at the residence.
10. The guardian desires possession of the home so as to
give the greatest degree of continuity to the life of the minor
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child and to allow her to continue her education at her school
and to continue her school and social activities.
C, REIMBURSEMENT FOR COST OF CASE
11. The plaintiff asks that the defendant be ordered to pay
$250.00 to reimburse one of Legal Services, Inc.'s funding
sources for the cost of litigating this case.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. 6 6101 et seQ" as
amended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the
"Protection from Abuse Act:"
1. Ordering the defendant to refrain from
abusing the minor child, Kachina W. Mooney,
placing her in fear of abuse.
2. Ordering the defendant to refrain from having
any direct or indirect contact with the minor
child including, but not limited to, telephone and
written communications.
3. Ordering the defendant to refrain from
harassing and stalking the minor child and from
harassing her relatives.
3
4. Prohibiting the defendant from entering the
school of the minor child.
5. Granting possession of the home located at
927 N. West Street, Carlisle, Cumberland County,
Pennsylvania, to the plaintiff to the exclusion of
the defendant pending a final order in this
matter, except on Fridays, Saturdays, and Sundays,
if the minor child is not present at the
residence.
7. Ordering the defendant to stay away from any
other residence where the minor child resides or
is staying.
B. Schedule a hearing in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearing, enter
an order to be in effect for a period of one year:
1. Ordering the defendant to refrain from
abusing the minor child, Kachina W. Mooney or
placing her in fear of abuse.
2. Ordering the defendant to refrain from having
any direct or indirect contact with the minor
child.
3. Ordering the defendant to refrain from
harassing and stalking the minor child and from
harassing her relatives.
4. Prohibiting the defendant from entering the
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Kachina W. Moonev. a Minor,
hy Ilianna M. Mooney,
her OUlll'd i 1111, Plaint.i 1'1'
I N TilE COURT OF cmtMoN PLEAS OF
CU~tIIEIlI.^NIl COUNTY 1 PENNSYLVANIA
v.
NO. 97-IR54 CIVIl. TRllH
Richard Moonp~',
Ilefl'lldallt.
PROTECTION FROM AJlUSE
ORnEILJlQll_('.J)Jfl' UfU^ NCJ\
ANn NOW, t.hi" z.l."J day of Apl'il, 1997, upon cOIl"ideration
of t.he Ilt.t.ached Mol.ioll 1'01' COIlt.inuance, t.h,' hearin~ ..cheduled for
t.he lRt.h rlay of APl'il, 1997, lit. 3::1O 1'.111. j.. hel'eby l'e..cheduIed
fOI' hellrinl( on t.he.::1~ dllY of 'm~ ,1997, lit ,?:d~t'.III.
in Courtroom No._~_ Tl.~.. '?f'~11 i.. ~..Ll.,.j .Jit.I.~'"'~r...,-.;udl'--l;:; La
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The Temporary Prot.ect.ioll Order "hall remain in effect. for
one year or unt.il modified or t.erminat.erl by the court..
The Cumberllllld Count.y Sheriff'" llepal'Lment. shall at.tempt t.o
make service at. t.he plllint.iff's request. and wit.hout pre-payment.
of fees, but. Aervlce may be accompJ i..hed under allY applicable
Rule of C:ivil Procedul'e.
A cert.ified copy of t.bis Order for C:ont.inuallce will be
provlderl t.o t.he Carli..le Police Ilepartment by t.he plaintiff's
al.t.ol'ney.
By t.he Court.,
.Joan Garey
At.torney for Plnint.iff
Gerald S. Robinson
At.t.orney for Ilefendllnt.
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Kaehina W. Mooney, a Minor,
by Dianna M. Mooney,
bel' Guardian, Plaintiff
fN TilE COURT OF Cml~ION PLEAS OF
CUMHERLANIl COUNTY, PENNSYI,VANIA
v.
NO. 97-18501 CfVIL TERM
Richard Mooney,
Defendant.
PROTE~rION FROM AHUSE
tfOT WtL Jl<llL.!lONT I t!!!i\Nm:
The plainti ff, by and thl'oullh hel' attol'ney, moves the Court
for an Order reHehedlllln~ the hearing within twenty days of the
ori~inal hearin. dat.e in t.he above-captioned case on the grounds
t.hat:
I. A Temporary Prot.ection Order was issued by t.his Court
on April 9, 1997, scheduling a hearing for the 18t.h of April,
1997, at 3:30 p.m.
2. The Cumbel'1and County Sheriff's Depart.ment. served t.he
defendant wit.h a cert.ified copy of the Temporary Protect.ion Order
'1
and Pet.ition for Prot.ection Ol'der on April 10, 1997.
3. The defendant. haH I'ct.ained Gel'ald S. Robinson of
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Robinson & Geraldo to represent him in t.he matter.
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The parl.ies, by and t.hrough their counsel, agree that
t.he hearing bp rescheduled t.o afford Cumbel'land County Children
and Youth Sprvices t.ime to complete their Investigation of t.be
matt.er and/or t.o afford t.he part.ies time t.o execute a consent
a!p'pemen t.
5. The plaintiff requeHts t.bat. thp Temporary Protection
Order remain in effect for one year or until modified or
t.erminated by t.he court. aft.er notice and hearin~.
6. A cert.ified copy of t.he Order for Cont.inuance will be
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and/or to afford the parties time to execute a consent agreement.
6. The plaintiff requests that the Temporary Protection
Order remain in effect for one year or until modified or
terminated by the court after notice and hearing.
7. A certified copy of the Order for Continuance will be
delivered to the Carlisle Police Department by the attorney for
the plaintiff.
WHEREFORE, the plaintiff requests that the Court grant this
Motion and reschedule this matter for hearing and that the
Temporary Protection Order remain in effect until further Order
of Court.
Respectfully submitted,
./Joan Carey, Atl
for Plaintiff
LEGAL SERVICES, INC,
8 Irvine Row
Carlisle, PA 17013
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Kachinn W. Mooney, n Minor,
by Dianna M. Mooney,
her Guardian, Plainti ff
IN TilE COURT OF COMMON PL.EAS OF
CUMDERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-1854 CIVIL TERM
Richard Mooney,
Defendant.
PROTECTION FROM ABUSE
AND NOW, t.h is
PROTECTION ORDER
~ day of .June, 1997, upon considerat.ion of
t.he Consent. Agreement. of t.he parties, the following Order is
entered:
1. The defendant, Richard Mooney, is enjoined from
physically abusing the minor child, Kachina W. Mooney, or from
placing her in fear of abuse.
2. The defendant is enjoined from having any direct. or
indirect contact. wit.h t.he minor child.
3. The defendant. is ordered to refrain from harassing and
stalking the minor child from harassing her relatives.
4. The defendant. is prohibited from entering the school of
the minor child.
5. The defendant is excluded from the residence located at
927 N. West Street, Carlisle, Cumberland County, pennsYlvania~ .
J"...,,'+8u- ~ -Adb ~ d7f' 'f-I,.v /I?'I ~ .iI /KL. ~//YI. MV
U' - 6. Urhe defendant is ordered t~ stay away from <<ny other '~h
residence where the minor child resides or is staying, ~
Ct. (p ef../D
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This Order shall remain in effect for a period of one ~
tud/~~
The Order can
7.
The court costs and fees are waived.
8.
year or until modified or terminated by the Court.
be extended beyond its original expiration date if the Court
finds that the defendant has committed another act of abuse or
has engaged in a pat.t.ern or pract.ice that indicates continued
.......-..
risk of harm to the plaintiff.
9. This Order may subject the defendant to: il arrest
under 23 Pa.C.S. ~6II3; ii) a private criminal complaint under 23
Pn.C.S. ~6113.1; iii) a charge of indirect criminal contempt
under 23 Pa.C.S. ~6114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa.C.S. ~6114.1. Resumption of co-residence on the part
of the plaintiff and defendant shall not nullify the provisions
of the court order.
10. The Carlisle Police Department shall be provided with a
certified copy of this Order by the plaintiff's attorney and may
enforce this Order by arrest for indirect criminal contempt
without warrant upon probable cause that this Order has been
violated, whether or not the violation is committed in the
presence of a police officer. In the event that an arrest is
made under this section, the defendant shall be taken without
unnecessary delay before the court that issued the order. When
that court is unavailable, the defendant shall be taken before
the appropriate district Justice. (23 Pa.C.S. ~ 6113).
By the Court,
Joan Carey
Attorney for Plaintiff
Gerald Robinson
Attorney for Defendant
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Knchinn W. Mooney, a Minor,
by Dianna M. Mooney,
her Guardian, Plaintiff
IN TIlF. COURT OF COMMON PLF.AS OF
v.
CUMBEllI,AND COUNTY, PF.NNSYLVANIA
NO. 97-1854 CIVIL TERM
RicnArd Mooney,
DefendAnt.
PROTECTION FROM ABUSE
CONSENT
AGIlF.F.HENT
q t1,
day of June, 1997,
This Agreement is entered on this
by the plaintiff, Knchina W. Mooney, A Minor, by Dianna M.
Mooney, her GUArdian, and the defendant, Richard Mooney. The
plaintiff is represent.ed by JOAn Carey of LEGAL SERVICF.S, INC.;
the defendant is represented by GerAld Robinson of ROBINSON &
GERALDO. The parties agree that the following may be entered as
an Order of Court.
1. The defendant, Richard Mooney, agrees to refrain from
abusing the minor child, Kachina W. Mooney, or from placing her
in fear of abuse.
2. The defendant agrees not to have any direct or indirect
contact with the minor child.
3. The defendant agrees not to harass and stalk the minor
child or her relatives.
4. The defendant agrees not to enter the the school of the
minor child.
The defendant agrees to stay away from the residence of m
the minor child located at 927 N. West Street, Carlisle, -, "~'I ,
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Cumberland County, pennsYlvania~~ r 'tht. p ~ ~
6. The defendant agrees to stay away from any other ~~~
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The defendant, although entering into this Agreementl~
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residence where the minor child resides or is staying.
7.
.
does not admit the allegations made in the Petition.
8. The defendant understands that the Protection Order
entered In this matter will he In effect for a period of one year
and can be extended beyond it original expiration date If the
Court finds that the defendant has committed another act of abuse
or has engaged In a pattern or practice that indicates continued
risk of barm to the plaintiff. The defendant understands that
this Order will be enforceable in the same manner as the Court's
prior Temporary Protection Order entered In this case.
9. Violation of the Protection Order may subject the
defendant to: i) urrest under 23 Pu.C.S. ~6113; ii) a private
criminal complaint under 23 Pu.C.S. g6113.1; iii) a charge of
indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by
imprisonment up to six months and a fine of $100.00-$1,000.00;
and iv) civil contempt under 23 Pa.C.S. ~6114.1.
WHEREFORE, the parties request that a Protection Order be
entered to reflect the above
terms.
~N>f~~1 (rJ /11,
D anna M~ Mooney
Guardian of Kachina W. Mooney
1/1.
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Joan Carey
Attorney for PIa
Gerald Robinson
Attorney for Defendant
I.EGAL SERVICES, INC,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
ROBINSON & GERALDO
17 E. High Street
Carlisle, PA 17013
(717) 245-9451