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HomeMy WebLinkAbout98-01084 ,- ) --J ~ .Ct) ... " ~ ~ -\.. .Ii) i5 ~ H / ( ( ~ ~ ...... , .:) '- ~ ~ c... ~ . 6- 0-.. ~, ~ - CHRISTINE txM#t-M-1.vi -t-i.i -{--1.tl{pi.iwi-t-t-1;ol?i)rtx:~t-l.i-4vtx~i.Vct.i-i.pt->>VvrM~t:-; . '1; ?v ," <!> ... ~. ,:', ~ * :;: 4 ~ IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF t, 'jt~, ,. *I ~ -::.-, It: i!' ,i,.\I'..!lt " ~~I;'~..~~,~~ ':"',: ,'-' 'x.L-- PENNA. MOIST Plaintiff No. 1998 1084 . . . . VERSUS DONALD MOIST, JR. Defendant . . . . . . . . . . . . , , . . . . . . . , DECREE IN DIVORCE 2001 ..4-r;~ .:zo' AND NOW, IT IS ORDERED AND CHRISTINE MOIST , PLAINTIFF, DECREED THAT AND DONALD MOIST, JR. , DEFENDANT, . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY, . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . , , . The Separation Agreement and Property Settlement dated September 7, 2001 is hereby incorporated but not merqed herein. By TH E COU;;d ~-~ "7' C. -~~P'OTHONOTA" J. t... .t . .., ~07f".t?1' tJ''c)f/~1 ~ ~ ';1Ar?~ ~ ~ /~~ ~h~ /u..W1/ ,t' ~ . '.. I \ il i/ } iI' i ~t." f' I I ;11'" . ~ :( :{ , , q ! I' ~ i, I.: " " ;i " CHRISTINE MOIST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 98.1084 CIVIL TERM DONALD MOIST, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE SEPARATION AGREEMENT AND PROPERTY SETTLEMENT This Agreement, made and entered into this 11:/1 day of ~, 2001, between Christine Moist, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", and Donald Moist, Jr., ofShermansdale, Perry County, Pennsylvania, hereinafter referred to as "Husband", WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on October 15, 1994 in Cumberland County, Pennsylvania; WHEREAS, there has been one child born of this marriage between Husband and Wife, to wit: Gabrielle Marie Moist, born June 7,1995. WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and '"' WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise, actual and currently eXisting or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart as they have since January 17, 2000 and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other, 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtsey, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, eXclUding the other as though he or she had died a widow or widower. And each further agrees that should .... the other die testate, his or her property shall descend to and vest In those persons set forth In the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Child Custody. The parties have entered into a custody stipulation on February 22, 1998, and an Order reflecting their agreement was entered on March 17, 1998 at Docket Number 98-1084 and signed by the Honorable Kevin A. Hess. '"' 5. Support. a. Child Support. The parties have entered into a child support agreement with the Domestic Relations office of the Cumberland County Courthouse. b. Medical Care for the Children, The parties agree that the child shall be carried upon the employer sponsored medical insurance programs provided to Wife. The parties further agree that any medical or dental expenses for the child not covered by insurance shall be divided forty-five percent by the Husband and fifty-five percent by the Wife. 6. Distribution of Marital Assets. a. The parties have mutually agreed and split the household goods and other personal property. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. 7. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 8. Real Property. The parties agree that the real property consisting of a lot and trailer located at 316 Wildwood Road, Carlisle, Cumberland County, Pennsylvania, shall be the sole and exclusive property of the Wife, The Wife shall refinance the property and from the proceeds of the refinance shall pay to the Husband the sum of seven thousand dollars ($7,000.00) upon signing of the deed, affidavit of consent and waiver of notice. 9. Waiver of Alimony. In consideration ofthe mutual agreement ofthe parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony. .\ 'I i 1 \ \~ Ii :1 ., I 'i 'I '"' 10, Pension. Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party. 11. Counsel Fees and Coul1 Costs, Each party agrees to pay their own attorney fees and cost Incurred in the preparation of this document as well as the preparation and filing of the divorce action captioned at 98.1084 Civil Term and the Custody order filed at the same number. If either party incurs any other legal fees or court costs, those costs will be borne by the party exclusively. 12. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending divorce between them in the Court of Common Pleas of Cumberland County to the caption Christine Moist v. Donald Moist, Jr., 98.1084 Civil Term. The parties acknowledge their intention and agreementto proceed in said action to obtain a final decree In divorce by mutual consent on the grounds that their marriage Is Irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action, The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 13. Breach. In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 14. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 15. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. , \ i , . , I' ,. " c' , . 16. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 17. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: la~ C' 7!;f.~y? Donald E. ' oist, Jr. {}JMLdMLP f'111;J- Christine R. Moist (') c::: " LJt'J.j Qll'1l e:;;r! 7i:t~: -<'"~<. ~c.j ~C'l i>CJ c: ~ U) rrl "'0 -r-.(~~ ..,'[ ~3 ~i'7 , ,,:~.! ':;C) i,:Ji"..j ;:;2 :Q <::;I o " I , .fi -n ::r. :.) (1\ . " /: -:%1' () 0 r:: () ~ 'or :rJfJ.j en 9.2 Y.! tTJ "'U " %~' ,-- cn.":-- .:.;..~ "r, ;:S " ( ~:. r-: ~'- ~ .J ~;l ~:;~ ~ "U ~8 ~" (' ).'2J .....C - ,'0'. ) ~ .. (.Vn r,o.) ,-f C.l.) ~j ....,;; 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since May, 1997, and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is Irretrievably broken, 11. Plaintiff desires a divorce based upon the belief that Defendant will consent to this divorce after ninety days from the date of the filing of this Complaint. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree In divorce. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth In their full text. 13. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 14, Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. ;).rJ~) fl1 ..... E~9.:....SI'N'''T''''REi'NST~1E ." OM PIAl I i":\c.'\tl.~;A!""" . ~o..\J\GM i:HONOTARY .... PRO ............ ........ - (J f'Jr- ~ ~ f' ........ ~ ~ 0) (J ..... "'Q ~ ~ ~ o () ;:; " ;: " ........ ~: ,., ~ :1~ ~'> I, "', o 0 v. ,'~, a 0a::'.u , ~! , ~ ~~ r- n q( b -'4-.., <f- P-........ ~r-- Q I.':) () ~:. ''l , ...., I I 'rr :;:71 G ; tJ ,.. ,.....) -'{-r, 10, \'s ,:," :'"10 i ~ ~f1 --. -'I '-j() -- ':jrlr .. ~..., - ). '0 '<; r. n (::l I.) C on ;;::'" C/) "tI['Co r"1 ~ COIn .0 , - ~. - q~ -p"r" :\l;) tj;,., .. ~[;j ~!.) ',1 -- ..j{ :!;;() :;J.+; i~.~(~ :;;;0 - C',l"n C .. ~"'j ~ W ::1.1 en -< " CHRISTINE MOIST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 98-1084 CIVIL TERM DONALD MOIST, JR., Defendant , : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint In Divorce under ~3301 (c) of the Divorce Code was filed on February 26,1998. 2. The marriage of Plaintiff and Defendant Is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree In Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. (~/~a71I/~-/- Christine Moist (') 0 C) c: '1\ ;;,. U'l . ~~l rn ;;-:f1J -0 Z,) --,:"-1 Zr:: . 'l.' en}.. .~ : il, ~(; '. . -0 \',~-I ~o ::,;.: l~::~ ,-) ::;0 - (:5 in C- oo :;~ ~ '...' ~ (7' -.: .~ (') 0 (') c .., :>" en -etiJ en CPL': ''0 j"- z( ".fTj (n.f~ - ".' t? 2c;J ':~() ~ '"U .._ 0"1", --;-~11 ::<: '.,.}.(~ ~g - i.3m .. -. ~ oj,) ?Ii .-1 -< ::; ;, ~r 1l 1'i' :1 '," .1; .<~~ J ,1 ','l :~ CHRISTINE MOIST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 98-1084 CIVIL TERM DONALD MOIST, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 ~ OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Ut1fi9IWlf 17 300 I Date U ) (V-RA~R-r1l~ Christine Moist " ,/ " .~ i I i , I I ' , \ : I f il J , , " :/ I " . I, ~ ("~') 0 ." " t/) " "1:JtJ.":: ,., " -~. j ~rn .0 ". :1:1 ....~, 7-[" ":\.? Cf].tf~;: '. 2G '..;; G.' --0 L. .H ~l' :~; I ,I~.- .-.t) :.::8 ;.-....01 '-' '.1 Z ,,:.) :IJ ~ (;0 -< "' CHRISTINE MOIST, Plaintiff, : IN THE COURT OF COMMON PLEAS :CUMBERLANDCOUNTY,PENNSYLV~ v, : NO. 98. J oS 'r CIVIL TERM DONALD MOIST, JR., Defendant : CML ACl'ION . LAW : IN CUSTODY AND NOW, this / '1 # day of /"fIa.-e.J. , 1998, upon consideration of the within ORDER Stipulation it is ordered and decreed as foUows: it 1. Donald Moist, Jr" hereinafter referred to as Father, and Christine Moist, hereinafter 2. Mother shall have full legal custody of the said child. S. Mother shall have primary physical custody of said child, with Father having periods of ,\ , I referred to as Mother, are the natural parents of GabrieUe Marie Moist, date of birth, June 7, 1995. supervised visitation at times and places to be agreed upon by the parties. 4. During periods of Father's visitation, he shall refrain from the use of alcohol and/or other intoxicants, i ! By the Court, .4/L J. h : I " -. .' ..... In ~ ~ M b M B< w_. -,' fE<5 -~ :Ti:: u...... '-fE 0.... .~ ~~ !.:.;;!~ ~o r- .,o?:' f;r. .'12l ." llirg --'It. c:: U::iE o:t $Ju.. x: . L.. co :s 0 C'\ U "' [, I '~: , , ,I v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- IC'lP'l CIVIL TERM CIVIL ACTION - CUSTODY ,.., ( , ! ';) Ii CHRISTINE MOIST, Plaintiff, DONALD MOIST, JR., Defendant i \ . f , COMPLAINT FOR CUSTODY ,.. , 1. Plaintiff is Christine Moist, an adult individual whose residence is at 103 East Main Street, Apartment 1, Newville, Cumberland County, Pennsylvania, 2. Defendant is Donald Moist, Jr., an adult Individual whose residence is at 316 Wildwood Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of her child, Gabrielle Marie Moist, currently ') ,\ , I residing at 103 East Main Street, Apartment 1, Newville, Cumberland County, Pennsylvania, whose date of birth Is June 7, 1995. i , , 4. The child is presently in the custody of Plaintiff. 5. Since the child's birth, the child has resided with the following over the past five years: Name Address Date Plaintiff 103 East Main Street Apartment 1 Newville, PA February 1998 to Present Defendant 316 Wildwood Road Carlisle, PA November 1997 to February 1998 May 1997 to November 1997 < Plaintiff & Defendant shared custody both parent's addresses Plaintiff & Defendant 316 Wildwood Road Carlisle, PA Birth to May 1997 i; " 6, The natural mother of the child Is Plaintiff, Christine Moist. 7, The natural father of the child Is Defendant, Donald Moist, Jr. 8. The relationship of the Plaintiff to the child Is that of natural mother. 9. The relationship of the Defendant to the child Is that of natural father, 10. The Plaintiff has not participated as a party or In any other capacity, In other litigation concerning the custody of the child in this or any other court. 11. Plaintiff has no Information of a custody proceeding concerning the child pending in a court of this Commonwealth, 12. The best interests and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is In a better position to care for the child than is Defendant. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to enter a Custody Order in accordance with the terms of the attached Stipulation. Respectfully submitted, TURO LAW OFFICES 1 ~ 1-" S 78 Date M.;H (\-1,( ~e, I Matt McClenahen, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245.9688 Attorney for Plaintiff I' CHRISTINE MOIST, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. :NO.OB'lof'! CML TERM " , DONALD MOIST, JR., Defendant : CML ACTION. LAW : IN CUSTODY STIPULATION AND NOW, t.his 7;; day of ~8, it is hereby stipulated and agreed between the parties as follows: 1. Donald Moist, Jr., hereinafter referred to as Father, and Christine Moist, hereinafter referred to as Mother, are the natural parents of Gabrielle Marie Moist, date of birth, June 7, 1995. 2, Mother shall have full legal custody of the said child. S. Mother shall have primary physical custody of said child, with Father having periods of supervised visitation at times and places to be agreed upon by the parties. 4. During periods of Father's visitation, he shall refrain from the use of alcohol and/or other intoxicants. eU - .<.< . 9,,9 Date ~/;! (? ~;., /-~ Do d Moist, Jr. ( i 'ilJ'J/ajlJ I'lC/J Date ( , ( ih&l~g Rill ~+ Christine Moist " ,. o (~. ;;-:.. 0~;;:',': ~~.., .:' 1 (. ~E ~.} ...;:., ..() C:> .'11 ,"1'1 ",0 r".J <::1 a "n ::;'1 ',;:Tl ,- ';;(:9 , '6 ..', - "=H ;-5-- :;..C~ "'rn i..) ~ ~b -< :-:'. ',' ..... ~ r t , , "or: ~ "- .. 01 ~ .... l~ . -..0 ':{)'?'l CAvJ.-J-.-"... /1/(0',' s..f ,~l I " L , I' , ' Ii I ~ } t , ,~ \ I i In the Court of Cummon Pleas or Cumberlnnd Counly, Pennsylvania vo, PNAlAO /VI0~/ J-r;> No. Cf 1- / IJ F t/ Civil. 19 :, I fC, 'lh-<: (j)vOI+h Clt< "Iat,. ! I J ~ ) I; 1 \ , I c U if/~ Ccs f" JI/L ..e. ~...!' t--<-SI ~/-e t , To I <--.) / '9 I ProdlOnouuy \ t I ! I I '}h, ~, I! .-:~ " .' \ . ~ " 'I '1 &pO );>v~ ( U' /,)0 Anomey for Plaintiff .... ,. ~ Pi' " I .~. . :- ~ . i .!'4,J ;~..... ~J ..' ..,..,.. , , I' " '" I , ,. , " ~ , ! ,<' ~ ,. /1 .- .. ( IJ,., ..,.J ~ ' O'""T! ,0 ';'. '.. .'.~ n r:; .:' \Jtj" C!" i ,~ ....<-- -:"', t~ -.. ;::1 ;:::'. ,.;c: :..~ . - (-J ,;;; -., ,'" ~':-J c' " .,1 -,I I ~_. "';n '~. , r'-, ',. i;,.l ",,"11 .:;"~ I L'Ll :..: , 1 j. i.. I) I, /'" .'if" I,'. (' ',', :'~ ':4 I ' Ii l~.;' ': 01' ,,~ r'.' CHRISTINE MOIST, Plaintiff vs. IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 98-1084 CIVIL CIVIL ACTION - LA W DONALD MOIST, JR., Defendant IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF AND NOW, this ORDER /7+" day of April, 2000, a hearing in the above captioned maller is set for Wednesday, April 26, 2000, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Ron Turo, Esquire For the Plaintiff Donald Moist, Jr. Defendant ^ ^ l~ 0 ~ 4-~:5 .:r1m I I I I I ~ .'!"; ., CHRISTINE MOIST. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA " ') \ , I I , ; :\ II 'I 1 1 't h f I 'I 'I I' 'I ~l , i ,'-. v, : NO. 98-1084 CIVIL TERM DONALD MOIST, JR., Defendant , : CIVIL ACTION - LAW : IN DIVORCE ,ORDER AND NOW this day of April, 2000, upon receipt and consideration of Plaintiffs Petition for Special Relief is hereby ordered and directed as follows: 1. Donald Moist Jr. is excluded from any residence established by the Plaintiff and her daughter, Gabriel Moist, during the pendency of the above captioned divorce action. 2. The Cumberland County Probation Department is authorized, if appropriate, to begin to supervise the Defendant based on this Court's order of August 11, 1998 in the criminal case of Commonwealth v. Donald Eugene Moist and captioned at 98-0399 Criminal Term. BY THE COURT, J. CHRISTINE MOIST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 98-1084 CIVIL TERM DONALD MOIST, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR SPECIAL RELIEF 1. Christine Moist is an adult individual currently residing at 316 Wildwood Road, Carlisle, Pennsylvania 17013. 2. Donald E. Moist, Jr. is the defendant in the above captioned matter who is currently residing at the Cumberland County Prison until April 15, 2000 pursuant to a 90 day sentence he received from District Justice Helen Shollenberger for driving under suspension DUI related. 3. In 1998 the Defendant was reported for suspected child abuse when he left his child, Gabriel Moist, alone in a vehicle for two hours while the temperature was thirty degrees when he went inside a bar to drink. 4. Following an investigation he was charged by the Cumberland County District Attorneys office with endangering the welfare of a child at 98-0399 Criminal Term to which he plead guilty and was sentenced by the Honorable George E. Hoffer on August 11, 1998 to a term of intermediate punishment for four years based with certain conditions. A copy of the sentencing order is attached hereto. 5. The Plaintiff began a divorce action in February of 1998 which action continues despite attempted reconciliations between the parties. 6. In early 2000 the Defendant was caught driving a vehicle at a time when his license was suspended for prior DUI offenses and was given the above mentioned ninety-day jail sentence by District Justice Shollenberger. 7. The Defendant, in recent conversations with the Plaintiff, has indicated his plan to return to the marital residence located at the above address of the Plaintiff and " '-'-. ,". Cumbertand County Children & Youth Services ~ . I/\~~~ ,..~s 1\\0 1998 Mr. Donald Molsl 316 Wildwood Road Carlisle, P A 17013 9-t~..., ~~ "" . Qr .,. .::;7'",. ,~.~ """a.ffIUUM. RB: Gabrielle Moist Dear Mr. Moist, ~ Adni.L... 00Iy L ","", lAW A report of suspected child abuse concerning the above named child has been made to our Agency and the Pennsytvanla Depllltment of Public Welfare. Under the law, our Agency m'JSt conduct an investigation to detennine whether or not the child was , abused. Also, we are required by law 10 report certain types of suspected abuse to the pollee. County Commloalonon _A._ 1!IIl1l.~ _ L..,... You are receiving this letter because as the subject ofa suspected child abuse report, that Is, as a parent and/or alleged perpetralor ofabuse of the above named child the Child Protective Services Law (CPSL) and Depllltment of Public Wel&nl regulations require the county children and youth agency 10 notifY all subjects in a report of suspected child abuse aboul the existence of the report, the nature of the a1legatlons, their risht to receive a copy of the report, their legal rishts, the possible Impact ofa conflnned report on future employment, and the social services available to protect children. According 10 the infonnation initlally received, the following are the specific nature and allegatlons of the suspected abuse: the alleged petpetrator left the child in a car for approxlmalely two hours with a temperature of30 degrees, while alleged pcrpetralor drank in a bar. The Agency Is required to complete the investigatloll within 30 days after the report Is received and detcnnined If the report Is "unfounded", "indicated", or "founded". An unfounded report Is any report in which there Is no evidence of child abuse as defined by the law. An indicated report Is a report in which the county agency detennines that the child was abused. A founded report Is a report in which D court detennines that the child was abused. , I J' ~ n Suite 200 Human Services BuildIng 16 West HIgh Street Carlisle, PA 17013-2961 (717) 240-6120 (717) 697-1)371, Ext.6120 (717) 532-7286, Ext. 6120 As a subject of the report, you may receive a copy of the report by writing to this Agency or 10 the ChlldLine and Abuse Registry, Hillcrest, 2nd Floor, P. O. Box 2675. Harrisburg, PA 17\05-2675. " V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENNSYLVANIA 98-0399 CRIMINAL CHARGE: (1) ENDANGERING WELFARE OF CHILDREN AFFIANT: TPR. DANIEL HOUSEL COMMONWEALTH DONALD EUGENE MOIST OW: E935631-4 IN RE: SENTENCE ORDER OF COURT AND NOW, August 11, 1998, 9:43 a.m., Donald Eugene Moist, Jr., having appeared for sentence together with personal counsel, R. Mark Thomas, Esquire, and the court having received a presentence investigation report, sentence of the court is that the defendant pay the costs of prosecution, that he pay the sum of $250.00 to the use of the County of Cumberland, and that he be placed in the Intermediate Punishment Program for a period of four years conditioned' upon program compliance. We direct that the defendant undergo a drug and alcohol evaluation and comply with any suggestions flowing therefrom. We direct the defendant to continue with the AA programs and meetings, and we direct that at least the first twelve months of this sentence be under active supervision of the Probation Office. After twelve months, if the probation Officer deems it it unnecessary tor further supervision, Probation is directed to communicate that to the court. By the court, P.J. Mary-Jo Mullen, Esquire Assistant District Attorney, R. Mark Thomas, Esquire For the Defendant Probation Office Sheriff :mtf " VERIFICATION I, Ron Turo, Esquire, am the attorney for the Plaintiff In the above captioned matter, I have prepared the enclosed Petition for Special Relief with information provided to me by my client as well as Information known to me personally, I verify that the statements made therein are made subject to the penalties. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. i~{!o() 2; Date Ron Turo, Esquire .c.ERTIFICATE OF SERVICE TURO LAW OFFICES I hereby certify that I served a true and correct copy of the Order and Petition for Special Relief upon Donald E. Moist, by depositing same In the United States Mall, first class, postage pre-paid on the 11th day of April, 2000, from Carlisle, Pennsylvania, addressed as follows: Donald E. Moist Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 on Turc, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff , ;; I I' , I' i I 1 I CHRISTINE MOIST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. , , : NO. 98-1084 CIVIL TERM DONALD MOIST, JR., Defendant . : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURl: AND NOW, this 2(,. - day of ,4;1""} , 2000, upon consideration of the within Stipulation, the parties agreement is hereby made an Order of Court BY THE COURT, /1L 0-WJ/. 1-2 '0'0 RK3 ....' t':: -. i::: ,::-... :'~1;7.:~ :),':5 ' - "..... .., ,j) .1,> " ,',iil1 .,.)!~.. :J () I I, j I' i); II.. I' ! I",., I. !1' 1 ' . , " ',' , ~ ,:1 il.:<' ilk , '~" t' .,'C \.\, ,.'1:. , I' :~ j" l' ~...:. : ...-\.' .. :;....' '-. L~" '.0 ('\J I, <-'..i ..... ,~- ..... ('J t,;':')