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08-6537
MEGAN L. MOORE, Plaintiff VS. CHRISTIAN C. MOORE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 6537 eivi ( lean : CIVIL ACTION - LAW : 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 action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800) 990-9108 MEGAN L. MOORE, Plaintiff VS. CHRISTIAN C. MOORE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar action con prontitud. se le avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja o compensacion eclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County, One Courthouse Square, Carlisle, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telefono (800) 990-9108 MEGAN L. MOORE, Plaintiff VS. CHRISTIAN C. MOORE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 6 - G<537 C4 x4 "emu.-. : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Megan L. Moore, by and through her counsel, Linda A. Clotfelter, Esquire, who files this Complaint in Divorce and in support thereof states the following: 1. Plaintiff is Megan L. Moore, (hereinafter referred to as "Plaintiff"), an adult individual who resides at 1 Vineyard Haven, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Christian C. Moore, (hereinafter referred to as "Defendant"), an adult individual who resides at 1 Vineyard Haven, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this divorce Complaint. 4. Plaintiff and Defendant were married on June 30, 2000, in Cumberland County, Pennsylvania. 5. There are no pending divorce proceedings upon the filing date of this Complaint. 6. Plaintiff avers that the marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce and grant such other relief as this Court deems just and proper. Date: /D/A I By: mnda A. Clotfelter, Esquire ttorney ID No. 72963 5021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER MEGAN L. MOORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. CHRISTIAN C. MOORE, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I, MEGAN L. MOORE, verify that the statements in the foregoing DIVORCE COMPLAINT 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: 1 C- Z 9 - 08 O2SZ-?? MEGAN L. M ORE SL CS M, '? T a- j 0 MEGAN L. MOORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-6537 CHRISTIAN C. MOORE, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for plaintiff, Megan Moore, do hereby affirm that the original return receipt and the USPS printout dated November 7, 2008, for the Complaint in Divorce, which was sent by Certified Mail, Restricted Delivery, Return Receipt Requested, which return receipt appears to contain the signature of Christian Moore, is set forth below. The USPS data page is enclosed also showing the date. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. § 4904 relating to unworn falsification to audw ities. r C Wplete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attsch this card to the back of the malipiece, or on the front if space permits. 1. Aftle Addressed W CI'1k1?11AN? C • MODYP/ 1 ?l?Cw' yo.Xd? Am v(\ M W CW\10"SMA Im 1'111D A. Signature X ° A v Addo"On B. Received by (Printed Name) C. Date of Dellwry D. Is delivery address ditrwd from ftem 1? U Yes If YES, enter delivery address below: ? No 9. Service Tips KCert1W Mail ? Express Mail ? Registered J q Return Receipt for MerdwK be ? insured man ? C.O.D. 2. AMiaMMMOW 7006 3450 0003 4842 0039 I rmn 3811, FdwuWy 2004 DoAwsN flit" PwoNpt ,ae sae-r?•?sra Respectfully submitted, LAW OFFICE OF LINDA A. CLOTFELTER Dated: I6 I I A D ei Lida A. Clotfelter, Esquire J orney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 telephone (717) 796-1930 facsimile (717) 796-1933 USPS - Track & Confirm Track & Confirm Search Results Label/Reoeipt Number. 7006 3450 0003 4842 0039 Status: Delivered Your item was delivered at 11:09 AM on November 7, 2008 in NEW CUMBERLAND, PA 17070. Page 1 of 1 Track 8t Confirm Enter LabeVReceipt I Noww n Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go i Site Map Contact Us Forms Gov't Services Jobs Privacy Policy Terms of Use Copyright©1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA National & Premier hup://trkcnfTml.smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do 11/10/2008 MEGAN L. MOORE, Plaintiff VS. CHRISTIAN C. MOORE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6537 : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 13 th day of November, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing AFFIDAVIT OF SERVICE was served upon the opposing parry by first class mail, postage prepaid, addressed as follows: Christian C. Moore 1 Vineyard Haven New Cumberland, PA 17070 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER L' da K. Clotfelter, Esquire A orney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile ca c cn r b MEGAN L. MOORE, Plaintiff VS. CHRISTIAN C. MOORE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6537 : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF ELECTION TO RESUME PRIOR NAME Notice is hereby given that, Defendant in the above-captioned divorce proceeding, Megan L. Moore, hereby elects to resume her prior name of Megan L. Morrill , and gives this written notice of her intention in accordance with the provisions of 54 Pa. C.S. § 704. MEGAN L. RRILL (Current name to be known as) ,4U 160'LSL_?1 MEGAN L. OORE (Former name prior to this Notice) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this the _ A 6" day of _VA , 2009, before me, the undersigned officer, personally appeared MEGAN L. M RILL (formerly known as MEGAN L. MOORE), satisfactorily proven to be the person whose name is subscribed to the foregoing document and acknowledged that she has executed the same for the uses and purposes therein contained, as her own free act and deed by signing her name thereto. IN WITNESS WHEREOF, I hereunto set my name and official seal the day and year first above written. Nii1IlNlll ?Al A Cif FagwUMA "SOV ??NOCM N TARY PUBLIC i Oa?onyM?Awlt.l? OF IVF 2009 JUA -2 8': i VVfr"1" L Y * kt . oo pd AT" * x8,03 11 AIM Ill MEGAN L. MOORE N/K/A MEGAN L. MORRILL Plaintiff VS. CHRISTIAN C. MOORE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6537 : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY STIPULATION OF CUSTODY AND NOW, the parties, Megan L. Morrill (f/k/a Megan L. Moore), hereinafter referred to as the "Mother", and Christian C. Moore, hereinafter referred to as the "Father", enter into a Stipulation of Custody in Cumberland County, Pennsylvania, with regard to their child: Cameron C. Moore, born August 19, 1999, age (10) years, and state the following: 1. Plaintiff is Megan L. Morrill (f/k/a Megan L. Moore), an adult individual who resides at 1 Vineyard Haven, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Christian C. Moore, an adult individual who resides at 1 Vineyard Haven, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The parties are the natural parents of one (1) child, namely: Cameron C. Moore, born August 19, 1999, age (9) years, (hereinafter referred to as the "Child"). 4. No Order of Court for custody of the Child presently exists between the parties and the parties now seek to have an Order of Court entered that includes the terms of this Stipulation 5. The parties now stipulate and agree to the terms of this agreement to establish an Order for Custody that the parties intend shall become effective October 1, 2009. 6. The parties stipulate and agree that the terms for custody of the Child shall be as follows: a. Legal Custody - Legal custody of the Child shall be shared by the parties. Shared legal custody means the right of both parents to control and to share in making decisions of importance in the life of the Child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the Child's school, medical, dental and other important records. Notwithstanding that both parents share legal custody, non-major decisions involving the Child's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. b. Physical Custody - The parties specifically agree that the parties shall share physical custody as follows: i. Father shall have custody every Monday from the start of school or 8:00 a.m. when there is no school through Wednesday start of school or 8:00 am. when there is no school; ii. Mother shall have custody every Wednesday from start of school or 8:00 a.m. when there is no school through Friday at state of school or 8:00 a.m. when there is no school; and iii. The parties shall have alternating weekends from Friday at start of school or 8:00a.m. when there is no school through Monday start of school or 8:00 am. when there is no school beginning October 2, 2009 with Mother having the first alternating weekend custody period. iv. The parties acknowledge that both wish to encourage the Child's relationship with his extended families. With that common goal in mind, it is agreed that each party shall be flexible in meeting the other parties' requests to vary from the regular schedule so that the child can participate in family events and visits. The parties shall not unreasonably withhold consent to such requests nor shall either party be unreasonable in rescheduling any missed custody period due to such a change. Holidays - The parties shall alternate physical custody of the Child on the following holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, beginning with Mother having custody of the Child for the Thanksgiving holiday in 2009. These holiday periods of custody shall be from 9:00 a.m. through 5:00 p.m., and the holiday periods of custody supersede the regular custody schedule. d. Christmas - The parties agree that the Christmas holiday shall be designated as two separate periods with each party being entitled to one of the two periods, with same alternating annually. The first Christmas period of holiday custody shall be from noon on December 24th through noon on December 25th and the second period of custody for the Christmas holiday shall be from noon on December 25th through noon on December 26th. The parties shall alternate the periods annually beginning with Father having the first custody period in 2009 and Mother having the second period of custody in 2009. In even-numbered years, Mother shall have the first period of custody and Father shall have the second period of custody for the Christmas holiday. e. Father's/Mother's Dav - Father shall have physical custody every Father's Day and Mother shall have physical custody every Mother's Day regardless of the regular custody schedule. The custody periods shall be from 9:00 a.m. through 5:00 p.m. f. Vacation - Mother and Father agree that they shall each be entitled to two (2) non- consecutive weeks of custody each summer for the purpose of vacations. The summer vacation custody periods will supersede the regular custody schedule and each parent shall give the other thirty (30) days written notice of the dates of the summer custody periods for vacations. If there is a conflict in the scheduling of vacations periods, the party first giving written notice to the other party prevails. g. Agreement to Vary - Mother and Father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until either parry petitions to have it changed. h. Transportation - The receiving parry shall be responsible for transporting the Child for his or her periods of custody. i. Extracurricular activities - Each party agrees to provide the other with at least forty-eight (48) hours advance notice of activities whenever possible. Both parties shall agree to honor and participate in the activities that the Child wishes to engage in. During the times that the parents have physical custody of the Child, they will make certain that the Child attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the Child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Child is able to participate in those events. j . Contact information - Each parent shall keep the other parent notified of his or her address and telephone number. k. Child's well-being - The parties realize that the Child's well-being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything that may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or which may hamper the free and natural development of the Child's love or respect for the other parent. 1. Modification - No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. in. Order of Court - The parties expressly stipulate and agree to have the terms of this Stipulation entered as an Order of Court for child custody to the above-captioned docket. n. Restraints - Each party expressly agrees to ensure that the Child is properly secured in the proper child seat/restraints and seat belts when the Child is transported in an automobile. The parties also agree that neither party shall consume alcoholic beverages prior to transporting the Child and no person transporting the Child shall be under the influence of any alcoholic beverages while transporting the Child. o. Smoking, drinking, illegal substances - No party shall smoke in any part of a confined area with the Child present and neither party shall permit another person to smoke in any part of a confined area with the Child present. No party shall drink alcoholic beverages or consume medication or illegal substances to the point of intoxication when in the presence of the Child. Each shall also take all reasonable steps necessary to ensure that their guests and/or other third parties are not intoxicated in the presence of the Child. P_ Travel that exceeds 200 miles - Each party shall notify the other party prior to taking the Child more than 200 miles from the family residence in New Cumberland, Cumberland County. It is further agreed that if a parent takes the Child from his or her home for a period that exceeds 72 hours, then the parent taking the Child shall inform the other parent of a telephone number and address where the Child can be contacted while away from home. This Agreement is binding and enforceable when signed by Megan L. Morrill and Christian C. Moore. Both parties agree that this Stipulation shall be incorporated into an Order of the Court of Common Pleas of Cumberland County, Pennsylvania and they further agree that this Stipulation fully resolves any and all child custody issues between the parties. WHEREFORE, the parties ask that this Honorable Court enter an Order in accordance with their Agreement. We verify that the statements made in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Witnesses: Megan L. Morrill (f/k/a Megan L. Moore), Plaintiff i C o C iristian C. Moore, Defendant w COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF On this a -? day of O e t r04 - crl , 2009, before me, the undersigned officer, personally appeared MEGAN L. MORRELL (F/K/A MEGAN L. MOORE), known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joshua William Finan, Notary Public Lower Allen Twp., Cumberland County My Commission Expires April 29, 2013 Member, Pennsylvania Association of Notaries Notary Public COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF On this day of O C T c b e y- , 2009, before me, the undersigned officer, personally appeared CHRISTIAN C. MOORE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA Notarial Seal /' Joshua William Finan, Notary Public f/ Lower Allen Twp., Cumberland County 4No va M y Commission Ex ires April 29, 2013 Member, Pennsylvania Association of Notaries ublic 7ARY 2009 0 "T 210 i 13 MEGAN L. MOORE N/K/A MEGAN L. MORRILL Plaintiff VS. CHRISTIAN C. MOORE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6537 : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY 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 action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800) 990-9108 MEGAN L. MOORE NIK/A MEGAN L. MORRILL Plaintiff VS. CHRISTIAN C. MOORE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6537 : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se le avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja o compensacion eclamados por el demandante. Usted puede perder dinero, o propiedades a otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County, One Courthouse Square, Carlisle, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telefono (800) 990-9108 MEGAN L. MOORE N/K/A MEGAN L. MORRILL Plaintiff VS. CHRISTIAN C. MOORE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6537 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT FOR CHILD CUSTODY AND NOW, comes Plaintiff, Megan L. Moore, by and through her counsel, Linda A. Clotfelter, Esquire, who files this Complaint in Custody and in support thereof states the following: 1. Plaintiff is Megan L. Moore, (hereinafter referred to as "Plaintiff'), an adult individual who resides at 1128 Columbus Avenue, Apartment #4, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Christian C. Moore, (hereinafter referred to as "Defendant"), an adult individual who resides at 1 Vineyard Haven, New Cumberland., Cumberland County, Pennsylvania 17070. 3. The parties are the natural parents of one (1) child, namely: Cameron C. Moore, born August 19, 1999, age (10) years, (hereinafter referred to as the "Child."). 4. The parties have no disputed issues regarding their child and they are filing concurrently with this Petition a Stipulation of Custody that they seek to have entered as an Order of Court. 5. During the child's life he has resided as follows: WITH WHOM ADDRESS FROM / TO Mother 1128 Columbus Avenue Apartment # 4 Lemoyne, PA 17043 Father 1 Vineyard Haven New Cumberland, PA 17070 Mother and Father 1 Vineyard Haven New Cumberland, PA 17070 10/3/09 to present 10/3/09 to present birth to 10/3/09 6. Mother has not participated in any other litigation concerning the child in this or any other state. 7. There are no other proceedings pending involving custody of the child in this or any other state. 8. Mother knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 9. The best interests of the child will be served if the joint Stipulation of Child Custody executed by Mother and Father is entered as an Order of Court. 10. The joint Stipulation of Child Custody grants the parties shared legal custody. WHEREFORE, Plaintiff, Megan L. Moore (n/k/a Megan L. Morrill), respectfully requests that, the Court enter an Order of Court granting the parties shared legal and physical custody of the child and granting such other relief as this Court deems just and proper Respectfully submitted, Date: .'1 c LAW FIRM OF LINDA A. CLOTFELTER Y: L da A. Clotfelter, Esquire orney ID No. 72963 ('11 021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff MEGAN L. MOORE N/K/A MEGAN L. MORRILL Plaintiff VS. CHRISTIAN C. MOORE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6537 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY VERIFICATION I, MEGAN L. MORRILL, verify that the statements in the foregoing COMPLAINT IN CHILD CUSTODY 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 unworn falsification to authorities. Date: MEGAN L. MORRILL (F/K/A MEGAN L. MOORE) FiLELI--:? CE OF THE 'Y 2909 OCT 30 PM 1: 12 /0,2. a© po Air 29-75 pr* a3a775 Aonrt I NOV 0 2 2009 fn MEGAN L. MOORE N/K/A MEGAN L. MORRILL Plaintiff VS. CHRISTIAN C. MOORE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6537 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY ORDER tti AND NOW, this (o day of N 04 tM ?O X , 2009, upon consideration of the Joint Stipulation of Custody, the Court hereby incorporates the Stipulation by reference into this Order of Court. BY THE COURT: FILED-•D i ,,E OF ?HE PRA ? 0-,M)TARY 2009 NOV -6 PM 3.4 7 l MEGAN L. MOORE I N/K/A MEGAN L. MORRI L Plaintiff/Petiti ner vs. CHRISTIAN C. MOORE, Defendant/Re?pondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6537 : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY PRIOR JUDGE: M. L. EBERT, JR., J. (no conciliator assigned) CONCURRENCE: DENIED. SEE PARAGRAPH 16. IS4 0 ( T1 -- EMERGENCY F!ETITION FOR SPECIAL RELIEF IN CUSTODY AND NOW, comes Petitioner, Megan L. Morrill, by and through her counsel, Linda A. Clotfelter, Esquire, who files this Emergency Petition for Special Relief in Custody respectfully stating as follows: 1. Petitioner is Megan L. Morrill, (hereinafter "Petitioner") an adult individual who resides at 1128 Columbus Avenue, Apartment # 4, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Respondent is Christian C. Moore, (hereinafter "Respondent"), an adult individual who resides at 1 Vineyard Haven, New Cumberland, Cumberland County, Pennsylvania 17070. 3. An Order of Court for custody of Cameron C. Moore, (hereinafter the "Child"), born August 19,1999, was entered by this Honorable Court on November 4, 2009, due to a Joint Stipulation of Custody. A true and correct copy of the Order is attached hereto as Exhibit "A" and is incorporated herein. 4. The current Order grants the parties shared legal and physical custody. 5. The Child is t start middle school later this month and the parties previously agreed that the Child would ttend Lemoyne Middle School and they agreed to enroll him W'CO &42" O August 5, 2010. See correspondence from Respondent's counsel attached hereto as Exhibit "B". 6. Respondent is now demanding that the Child attend New Cumberland Middle School. 7. It is anticipated that Respondent will be moving from the marital residence in the near future due to the Sheriff's Sale on September 8, 2010, or the sale of the property, and thereafter, the Child would no longer be eligible for enrollment in the New Cumberland Middle School. 8. Respondent's likely housing will be in the Lemoyne Middle School area with a relative and this is confirmed in Counsel's letter attached as Exhibit "B". 9. Regardless of Respondent's housing, Petitioner's residence is in the Lemoyne Middle School area and she does not anticipate moving. 10. Due to Respondent's unstable and uncertain housing, a change in schools will likely be inevitable if the Child begins middle school at the New Cumberland Middle School. 11. Petitioner does not believe that it is in the best interests of the Child to begin one middle school and then change to another. 12. Many of the Child's friends will be attending Lemoyne Middle School. 13. Respondent's conduct during the parties' marital separation has not been in the best interests of the Child and he has repeatedly breached agreements reached by the parties. 14. For example, Respondent expressed a desire to retain the marital residence, but he was to pay the mortgages and refinance them, and if that was not possible, the home would be re- listed for sale. That agreement was ten (10) months ago and the home, which has been foreclosed upon and is schedul d for Sheriff's Sale, was just re-listed for sale today. 15. Because school orientation is scheduled for August 17, 2010, Petitioner seeks an expedited Emergency Order d?recting both parties to immediately execute any and all documents necessary to enroll the Child in Lemoyne Middle School. 16. Counsel for Petitioner sought concurrence of opposing counsel by telephone and opposing counsel, John F. King, Esquire does not concur. WHEREFORE, Petitioner, Megan L. Morrill, by and through her counsel, respectfully requests that this Court enter an Order directing the parties to immediately execute any and all documents necessary to enroll the Child in Lemoyne Middle School and granting such other relief as this Court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Dated: 8 q 110 Li da A. Clotfelter, Esquire A orney ID No. 72963 21 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioner MEGAN L. MOORE NIK/A MEGAN L. MOR?LL Plaintiff/PeOtioner VS. CHRISTIAN C. MOORE,: Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. U8-6537 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY VMFICATION 1, MEGAN L. MORRILL, verify that the statements in the foregoing document 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. 1/0 Date: -5 '1?,?' MEGAN L. MORRILL, Petitioner NOV 012009 G, MEGAN L. MOORE N/K/A MEGAN L. MORN. Plain vs. CHRISTIAN C. MOORE, Defeu ftnt : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 0&4537 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY ANA NOW, this day of A?6p,,,?j„^ , 2009, upon consideration of the Joint Stipulation of Custody, t?e Court hereby incorporates the Stipulation by reference into this Order of Court. BY THE COURT: J. 16 4: t tic ,? . SJ ti ? K' MEGAN L. MOORE N1K1A MEGAN L. MO L Plain vs. CHRISTIAN C. MOORE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 0&6537 o - : CIVIL ACTION - LAW r 3 M r:z* IN DIVORCE AND CUSTODY = =' : o r c? 9?3,ATI0_, N OF CUSTODY a -- -- ca AND NOW, the parti4, Megan L. Morrill (f/kJa Megan L. Moore), hereinafter referred to as the "Mother", and Christian C I Moore, hereinafter referred to as the "Father", enter into a Stipulation of Custody in Cumberland County, Pennsylvania, with regard to their child: Cameron C. Moore, born August 19, 1999, age (10) years, and state the following: 1. Plaintiff is Me* L. Morrill (Wa Megan L. Moore), an adult individual who resides at 1 Vineyard Haven, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Christian C. Moore, an adult individual who resides at 1 Vineyard Haven, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The parties are tie natural parents of one (1) child, namely: Cameron C. Moore, bom August 19, 1999, age (9) 4. No Order of the parties now seek to have 5. The parties now Order for Custody that the 6. The parches (hereinafter referred to as the "Child"). for custody of the Child presently exists between the parties and of Court entered that includes the terms of this Stipulation and agree to the terms of this agreement to establish an intend shall become effective October 1, 2009. and agree that the terms for custody of the Child shall be as follows: a b. - Legal custody of the Child shall be shared by the parties. Shared legal custody ? neans the right of both parents to control and to share in making decisions of iai portance in the life of the Child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the Child's school, medico, dental and other important records. Notwithstanding that both parents share legal custody, non-major decisions involving the Child's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. custody as - The parties specifically agree that the parties shall share physical i. Father soall have custody every Monday from the start of school or 8:00 a.m. when th is no school through Wednesday start of school or 8:00 a.m. when there is o school; ii. Mother hall have custody every Wednesday from start of school or 8:00 am. when th is no school through Friday at state of school or 8:00 a.m. when there is o school; and iii. The nartles shall have alternating weekends from Friday at start of school or 8:OOam. when there is no school through Monday start of school or 8:00 am. when th is no school beginning October 2, 2009 with Mother having the fast al weekend custody period. iv. The parti with his E each part the regul visits. 71 nor shall period di acknowledge that both wish to encourage the Child's relationship :tended families. With that common goal in mind, it is agreed that shall be flexible in meeting the other parties' requests to vary from r schedule so that the child can participate in family events and parties shall not unreasonably withhold consent to such requests tither party be unreasonable in rescheduling any missed custody to such a change. vs - The poties shall alternate physical custody of the Child on the following C. H21& holidays: Easter, Day, Fourth of July, Labor Day, and Thanksgiving, beginning wish Mother having custody of the Child for the Thanksgiving holiday in 2009. These holiday periods of custody shall be from 9:00 am. through 5:00 p.m., d. e. f. And the holiday periods of custody supersede the regular custody schedule. Christ - The parties agree that the Christmas holiday shall be designated as two separate periods with each party being entitled to one of the two periods, with same alternating an#ually. The first Christmas period of holiday custody shall be from noon on December 24 h through noon on December 25h and the second period of custody for thO Christmas holiday shall be from noon on December 25* through noon on December 2r. The parties shall alternate the periods annually beginning with Father having ? e first custody period in 2009 and Mother having the second period of custody in ?009. In even-numbered years, Mother shall have the first period of custody and Father shall have the second period of custody for the Christmas holiday. - Father shall have physical custody every Father's Day and Mother shall have physical custody every Mother's Day regardless of the regular custody schedu?e. The custody periods shall be from 9:00 a.m. through 5:00 p.m. i Vacation - Mo? er and Father agree that they shall each be entitled to two (2) non- consecutive wet ks of custody each summer for the purpose of vacations. The summer vacation, custody periods will supersede the regular custody schedule and each parent sha?l give the other thirty (30) days written notice of the dates of the summer custod periods for vacations. If there is a conflict in the scheduling of vacations pen , the party first giving written notice to the other party prevails. g. Ammment t4 Vary - Mother and Father, by mutual agreement, may vary from this schedule at an? time, but the Order shall remain in effect until either party petitions to have it chansted. h. T;ansnortaft Y - The receiving party shall be responsible for transporting the Child for his or her Ikods of custody. i. ztracurricn ar activities - Each party agrees to provide the other with at least forty-eight (48 hours advance notice of activities whenever possible. Both parties shall agree to honor and participate in the activities that the Child wishes to engage in. During thej times that the parents have physical custody of the Child, they will make certain that the Child attend any extracurricular activities. The parties agree that they will b? supportive of the activities and will transport the Child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Child is We to participate in those events. j. Coutalrjation - Each parent shall keep the other parent notified of his or her address and telephone number. k. Cam' d's well,:,be - The parties realize that the Child's well-being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything that may estrange the Child from the other parent, injure the opiniojn of the Child as to the other parent, or which may hamper the free and natural development of the Child's love or respect for the other parent. 1. Modification - T? o modification or waiver of any of the terms hereof shall be valid unless made in *riting and signed by both of the parties. m. Order f o? rt -"Me parties expressly stipulate and agree to have the terms of this Stipulation as an Order of Court for child custody to the above-captioned docket. n. Re tai' - Rach party expressly agrees to ensure that the Child is properly secured in the proper ' d seat/restraints and seat belts when the Child is transported in an automobile. a parties also agree that neither party shall consume alcoholic beverages prio to transporting the Child and no person transporting the Child shall be under the . uence of any alcoholic beverages while transporting the Child. Q. ftoldxw. ddj?MM 10-aW substances - No party shall smoke in any part of a confined area 'th the Child present and neither party shall permit another person to smoke in any of a confined area with the Child present. No party shall drink alcoholic bev es or consume medication or illegal substances to the point of intoxication wh in the presence of the Child. Each shall also take all reasonable steps necessary to ensure that their guests and/or other third parties are not intoxicated in presence of the Child. p. Travel that es d 200 es - Each party shall notify the other party prior to than 200 miles from the family residence in New Cumberland, taking the Child ore Cumberland Co ty. It is fiuther agreed that if a parent takes the Child from his or her home for a 'od that exceeds 72 hours, then the parent taking the Child shall inform the other agent of a telephone number and address where the Child can be contacted while away from home. 8. This Agreement is binding and enforceable when signed by Megan L. Morrill and Christian C. Moore. Both parfies agree that this Stipulation shall be incorporated into an Order of the Court of Common Pleas of Cumberland County, Pennsylvania and they further agree that this Stipulation :fully resolves any ?nd all child custody issues between the parties. WHEREFORE, the parties ask that this Honorable Court enter an Order in accordance with their Agreement. We verify that the statements made in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Witnesses: C.S. Section 4904, relating to unworn falsification to authorities. Megan L. Monrill (fWa Megan L. Moore), Plaintiff C I*t-eLt Mistiai C. Moore, Defendant i GHN F. KENG LAW, P.C. 4076 MARKET STREET CAMP HILL, PA 17011 7 7-695-2222 / 717-695-2207 FAX www. ja hnfkinglaw. com July 26, 2010 VIA FACSIMILE and Linda Clotfelter, Esq. 5021 E. Trindle Road Suite 100 Mechanicsburg, PA 17050 Re: Morrill v. Dear Linda: CLASS MAIL John F. King, Esq. iohnfkingl@,wCa2mail.com This is to follow up on ourtelephone, conversation of.July 21, 20.10, and your correspondence of the same d ' te. I did speak to Mr. Moore on July 21 st, and I will now attempt to address the issues raised in your letter. First, I will follow up th Chris under separate cover regarding the 401 k and ESOP value information. Second, I am not sure here your client received that last historic statement for payments toward the mortgage, but if she can obtain an updated statement, that $7,000 payment should be reflected. If she cannot, I agre that will have to be documented somehow. Third, this will confirm that my client has agreed to relict the property on August 4, 2010, and to cooperate fully in the m keting thereof, assuming he has been unable by that date to take the steps necessary to remove ur client's underlying debt obligation. Fourth, I am sorry, but y client will not provide a key to the property, and frankly I tend to agree with him that doing so -ould only invite the possibility of unwanted conflict. This is especially true given the threat at your client's boyfriend recently made to Mr. Moore. ?F it Ms. Clotfelter July 26, 2010 Page 2 Finally, I did discuss the Lemoyne Middle School situation with Mr. Moore. Mr. Moore acknowledges that if themarital residence is sold, he will (at least for the time being), also be living in the geographic area serviced by the Lemoyne Middle School. I suggest that our clients see to the registration of thei son on or about August 5, 2010. Thank you very mucl? for your attention. to these matters Ve truly yours, Mete Jo . King JFK/s Cc: Christian Moore ,. i MEGAN L. MOORE N/K/A MEGAN L. M VS. CHRISTIAN C. MOORE, AND NOW, this 1 t and correct copy of the fore upon the opposing party by addressed as follows: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6537 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE day of August, 2010, the undersigned hereby certifies that a true g Emergency Petition for Special Relief and Custody was served r of facsimile and United States first class mail, postage prepaid, John F. King, Esquire 4076 Market Street Camp Hill, PA 17011 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioner U MEGAN L. MOORE n/k/a MEGAN MORRILL, Plaintiff V. CHRISTIAN C. MOORE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 08-6537 CIVIL ACTION -LAW IN DIVORCE AND CUSTODY DEFENDANT/RESPONDENT'S ANSWER TO EMERGENCY PETITION FOR SPECIAL RELIEF IN CUSTODY AND NOW comes the Defendant/Respondent, Christian C. Moore, by and through his legal counsel, John F. King, Esq., who files this Answer to Plaintiffs Emergency Petition for Special Relief in Custody, and respectfully states as follows: 1. Admitted. 2. Admitted. n 3. Admitted. = 4. Admitted. •-- 5. The averments contained in paragraph 5 of the Petition are denied, and pro6 t. therefore is demanded. By way of further answer, it is averred that the child has always re#ded at Father's residence, which was the marital residence, until Mother's departure in October 2009. The parties share custody of the child. By way of further answer, children in the marital residence geographical area attend New Cumberland School District. The Respondent is desirous of the child attending the New Cumberland Middle School, and does not, and has never agreed that the child would attend the Lemoyne Middle School. The marital residence in which Father resides has not sold, and Father does not intend to reside in the geographic area serviced by the Lemoyne Middle School. 6. Admitted. 7. It is denied that the child will no longer be eligible for enrollment in the New Cumberland Middle School, and proof thereof is therefore demanded. The averments contained in paragraph 8 of the Petition are denied, and proof therefore is demanded. 9. It is admitted that the Petitioner's current residence is in the Lemoyne Middle School geographic area. By way of further answer, Father's residence (the marital residence) is in the New Cumberland Middle School geographical area. 10. The averments contained in paragraph 10 of the Petition are denied, and proof therefore is demanded. 11. The Respondent does not have enough information to determine the "beliefs" of the Petitioner, and the averments are therefore denied, and proof thereof is demanded. 12. It is believed and therefore averred that the local children with whom the subject child is acquainted will feed into the New Cumberland Middle School, not the Lemoyne Middle School. The parties purchased the marital residence in 2003 in which Father continues to reside. 13. It is specifically denied that the Respondent's conduct has ever been contrary to the best interests of the child, and proof thereof is therefore demanded. 14. The allegations contained in paragraph 14 of the Petition in no way support the Petitioner's allegation that Respondent/Father's actions have not been in the best interest of his child. It is admitted that the Respondent/Father has exhausted many avenues in attempting to remain in the marital residence, which the Petitioner/Mother deserted in October 2009. It is averred that all of the steps taken by Respondent/Father have been with the knowledge of the Petitioner, and further that the time expended in that effort was outside of Father's control, and only in pursuit of his child's best interests. 15. The Respondent is unfamiliar with the date of school orientation for the Lemoyne Middle School, and proof thereof is demanded. By way of further answer, it is averred that the child is already expected by the school district to attend the New Cumberland Middle School, and that no special enrollment is required. 16. Admitted. NEW MATTER 17. The averments contained in Respondent's Answer in paragraphs 1-16 are incorporated herein by reference. 18. The parties' son, Cameron C. Moore, who is 11 years of age, has expressed his own wish and desire to attend New Cumberland Middle School. WHEREFORE, the Respondent, Christian C. Moore, by and through his legal counsel, respectfully request that this Court deny the Emergency Petition for Special Relief. Dated: August, 2010 Respectfully submitted: JOHN F. KING LAW, P.C. By: , / John F. King, Esq. ID#61919 4076 Market Street Camp Hill, PA 17011 (717) 695-2222 (717) 695-2207 FAX 1 h6 CERTIFICATE OF SERVICE I hereby certify that I am this day of August 2010, serving the foregoing answer to petition for special relief upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Linda Clotfelter, Esq. 5021 E. Trindle Road Suite 100 Mechanicsburg, PA 17050 4" Sharry Semans AUG 1$N MEGAN L. MOORE : IN THE COURT OF COMMON PLEAS OF N/K/A MEGAN L. MORRILL : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner VS. : NO. 08-6537 CHRISTIAN C. MOORE, : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE AND CUSTODY ORDER r? AND NOW, this 11. day of August, 2010, upon consideration of the Emergency Petition for Special Relief in Child Custody, it is hereby ORDERED that both parties shall immediately execute any and all documents necessary to enroll their son, Cameron C. Moore, in the Lemoyne Middle School. BY THE COURT: *?t ?'4\ M. L. Ebert, Jr., J. DISTRIBUTION: IF. King, Esq. 4076 Market St., Camp Hill, PA 17011 •? Linda A. Clotfelter, Esq. 5021 E. Trindle Rd., Mechanicsburg, PA 17050 '-'v1t4 -ter 0 n x' C: -n MEGAN L. MORRILL, : IN THE COURT OF COMMON PL O --? (f.k.a. MEGAN L. MOO E), :CUMBERLAND COUNTY, PENNS A l'A r-t -? Plai tiff r rn cC) VS. : NO. 08-6537 C? Zp ?r _ z d ? CHRISTIAN C. MOO : CIVIL ACTION - LAW 27?? `z De ndant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 4, 2008. 2. The marri ge of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from t e date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request ent of the decree. WEST ENTRY ( 1. I consent to the entry of a final decree of divorce without notice. 2. I unders and that I may lose rights concerning alimony, division of property, lawyer's fees or expens s if I do not claim them before a divorce is granted. 3 I unders and 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 th statements herein are falsification to author Date: statements made above are true and correct. I understand that false lade subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn "'? C VR,? CHRISTIAN C. MOORE, Defendant .* . F1?FQ??FFICE F ?1~lE PRU?'N?NflT - AIRY MARITAL SETTLEMENT AGREEMENT JA:? _g ?? 11 d5 12 V THIS AGREEMENT, made this d day of bt t tm )w , ??1Q1 ?1j een, CHRISTIAN C. MOORE, (hereinafter called "Husband") and MEGAN L. MORRILL (f/k/a MEGAN L. MOORE) (hereinafter called "Wife") WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 30, 2000; and WHEREAS, the parties hereto are the natural parents of one (1) minor child, namely, Cameron C. Moore, born August 19, 1999 (age 12 years); and WHEREAS, the parties have been separate and apart within the meaning of the Pennsylvania Divorce Code since November 7, 2008; and WHEREAS, the parties hereto are desirous of resolving fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable and each party shall not interfere in any way with the other party's business and/or business contacts. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Wife has been represented in this matter by Linda A. Clotfelter, Esquire, and Husband has been represented by John F. King, Esquire. Each party has had the opportunity to review this Agreement and each fully understands the facts and his or her legal rights and obligations. Each party also acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation, except as otherwise provided herein in Paragraph 20(d). 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to hire counsel to explain the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable, and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife filed a Divorce Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania to Civil Docket Number 08-6537. The parties agree that they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree concurrently with the execution of this Agreement. In the event, for whatever reason, either party fails or refuses to execute such affidavit that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted.Upon completion of the divorce action, counsel obtaining a divorce decree shall supply to opposing party a copy of the Decree. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. b. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. C. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. Determination of Marital and Non-Marital Property: The right to have the court determine which property is marital and which is non-marital, and equitably ,JW-VV-I N I distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 7. EQUITABLE DISTRIBUTION. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties, and shall be as follows: A. REAL ESTATE - 1 Vineyard Haven, New Cumberland, Pennsylvania: The parties acknowledge that they jointly owned real property situate at 1 Vineyard Haven, New Cumberland, Pennsylvania, which served as the marital residence and there were two (2) joint mortgages on the property. Husband has had exclusive use and possession of the marital residence since October 1, 2009. The mortgages have been foreclosed upon and the marital residence was sold at Sheriff's Sale. It is specifically agreed that Husband shall be solely responsible for any and all deficiencies, losses, and/or any liabilities (including but not limited to tax liabilities) associated with the marital residence and he shall forever hold Wife harmless from same. Husband shall be solely and fully responsible for paying Wife for any and all expenses she incurs in any actions, legal proceedings, or otherwise related to the marital residence including but not limited to attorneys fees, costs, and expenses of the suit. Any sums due and owing to Wife pursuant to the subparagraph shall include interest at a rate of six percent (6%) per annum until paid in full. B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY:The parties agree that they have divided by agreement between themselves all furnishings and personalty including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Wife shall retain as her sole and separate property the personal property presently within her possession when she relocates from the marital residence and Husband shall retain sole and exclusive ownership of the furnishings and personalty presently within his possession at that time. Each party shall retain the furnishing and personalty as described herein as his or her possession, free and clear of any right, title, claim and/or interest of the other party. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement or in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in personal property from one party to the other as set forth herein. C. MOTOR VEHICLES: L 2008 Nissan Altima- It is specifically agreed that Wife shall retain exclusive use and ownership interest, if any, of the leased 2008 Nissan Altima. Wife shall be fully and solely responsible for any and all financial or other obligations associated with the leased 2008 Nissan Altima, including but not limited to the joint lease payments of $363.64 per month andshe agrees to indemnify and hold harmless Husband from any and all liability for same. Wife agrees to obtain and maintain the necessary automobile insurance for vehicle with no lapse in coverage. fl. 1999 Nissan Pathfinder- It is specifically agreed that Husband shall retain exclusive use, ownership and title of the 1999 Nissan Pathfinderpurchased during the marriage. Husband shall be fully and solely responsible for any and all financial or other obligations associated with the 1999 Nissan Pathfinder.Husband agrees to obtain and maintain the necessary automobile insurance for vehicle with no lapse in coverage and Wife agrees to execute the title for the vehicle upon request. E. PENSION, PROFIT-SHARING, RETIREMENT, OR OTHER PLANS RELATED TO EMPLOYMENT:The parties acknowledge that each party has certain retirement accounts. Husband had a 401(k) through his prior employer, D&H Distributing Company that was valued at approximately $64,000.00 and an ESOP account which, according to Husband, had an approximate value of $338,444.75 as of October 31, 2011,and Wife has a 401(k) through her current employer, the Commonwealth of Pennsylvania with an approximate value of $6,900.00. Both parties acknowledge the need for full disclosure of the values of these assets and that both had previously provided documentation of the values from prior dates, but that current statements have not been exchanged. Both parties are satisfied with the values utilized in the negotiation of the complete distribution scheme of this Agreement. Accordingly, the parties specifically agree that, except as otherwise provided herein, each party shall retain the pension, profit-sharing, retirement, or other plans related to employment in his or her name and the other party shall waive any and all rights he or she may have to same. The parties' retirement accounts shall be distributed as follows: 1. Husband's Retirement Accounts- Husband's retirement accounts shall be distributed as follows: a. 401 - The parties acknowledge that Husband's 401(k) titled in Husband's name was liquidated pursuant to the parties Interim Limited Agreement dated April 8, 2009, same being incorporated herein as if fully set forth. Some of the proceeds of the account were used for credit card debt ($18,500.00), mortgage arrears agreed upon ($4,700.00), and $5,000.00 to each party ($10,000.00). Twenty percent (20%) was withheld for taxes and there was a ten percent (10%) penalty totaling $19,294.00. It is specifically agreed that Husband shall be fully and solely responsible for any taxes, penalties, and/or other liabilities associated with this account and he shall forever hold Wife harmless for same including but not limited to any professional fees and expenses incurred by Wife related to this account. It is also agreed that Wife shall be entitled to the additional sum of $5,000.00 of Husband's ESOP account as consideration for the sums Husband took from the 401(k) proceeds in violation of the parties' Interim Limited Agreement. b. ESOP - Husband's ESOP titled in Husband's name shall be shall be distributed as follows: $192,145.00 to Wife. [This amount is comprised of Fifty- Five Percent (55%) of the account as of October 31, 2011, plus the additional sum of $6,000.00 from Husband's share, which $6,000 is in consideration of Wife's interest in the 401(k) account ($5,000.00), and in consideration of personal property retained by Husband ($1,000.00)]; and the remainder of the ESOP to Husband, unless there was a distribution to Husband or the account was otherwise reduced in value by Husband. By his signature herein, Husband certifies that he has not taken any distributions, withdrawals, or has not in any way caused the value of his ESOP to be reduced. However, if it is determined that Husband did take a distribution, withdrawal, or otherwise caused the ESOP account to be reduced in value since the date of separation of the parties, then the ESOP account shall be distributed as if no such distributions or reductions occurred with Wife receiving additional sums to address Husband's distributions, withdrawals, or other such reductions. The distribution to Wife shall be completed via Qualified Domestic Relations Order ("QDRO") as required by the Plan Administrator. Both parties agree to cooperate fully in completing the QDRO and it is specifically agreed that the fees, costs and expenses associated with the preparation, submission and filing of the QDRO shall be borne by Wife. In addition, that certain fee totaling three hundred ($300.00) dollars, which fee is required regardless of the need for a QDRO, shall be borne equally between the parties. Any sums accumulating in the account subsequent to the date of distribution of Wife's portion shall remain Husband's sole and separate property, and Wife shall waive her rights to same. 2. Wife's Retirement Accounts - Wife shall retain her 401(k)titled to Wife's name and Husband shall waive any and all rights he may have to same. 3. Generally - Except as provided above, the parties' respective pension plans, retirement accounts, IRA accounts, and any other retirement type plans or investment accounts, whether acquired through said party's employment or otherwise, shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried and each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any retirement plans of the other party, whether acquired through said party's employment or otherwise. The parties also agree to cooperate fully in effectuating the terms of this paragraph by signing any and all documents that may be required. If either party withdraws any sums from the retirement plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. F. DISTRIBUTION OF CASH ASSETS. STOCKS AND BONDS AND INVESTMENT ACCOUNTS:The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts and other similar accounts. The parties further agree that they shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names, with the exception of the retirement accounts (-? L°Ci?I described above. If either party remains upon an account to be retained by the other party, the parties agree that they shall take all steps that are necessary to title the account to a sole name within thirty (30) days of the date of this Agreement. G. LIFE INSURANCE:The parties agree that each shall retain any and all life insurance policies in his or her name without claim by the other party and those assets shall be that party's sole and separate property. There shall be no restrictions on either party regarding designations of beneficiaries nor shall there be any other limitations regarding the financing, continuation, or termination of any life insurance policies held by either of the parties. H. MISCELLANEOUS PROPERTY: As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession after the expiration of six (6) months from the date of execution of this Agreement. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 1. PROPERTY TO WIFE: The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement shall become Wife's property after she has Husband released from any and all liability for same. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. J. PROPERTY TO HUSBAND: The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 8. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which. Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. The parties also agree to the following: a. Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations that are marital debt. It is their specific desire to address a distribution of those debts herein. The parties agree that each party shall retain as his or her sole and separate obligation the marital debt as described in this section. b. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt as of the date of execution of this Agreement. C. Husband's debts: Husband shall be solely responsible for the following bills, debts and liabilities: 'L-?? 0,0 C? Automobile Expenses: The expenses related to the use and maintenance of the vehicle being retained by Husband. Husband's obligations with respect to this vehicle are more particularly described in Paragraph 7(C)(ii). 2. Real Estate Related Liabilities: Any and all expenses associated with the parties' former marital residence situate at 1 Vineyard Haven, New Cumberland, Pennsylvania as referenced in Paragraph 7(A), herein and any legal or other proceedings regarding same. 3. Income Taxes: Husband shall be solely responsible for any income tax deficiencies, penalties and interest associated with the parties' prior joint tax filings 4. Other Debts: Husband shall be solely liable for any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein. d. Wife's Debts: Wife shall be solely responsible for the following bills and debts: Automobile Expenses: Any and all other expenses related to the use and maintenance of the leased 2008 Nissan Altima. Wife's obligations with respect to this vehicle are more particularly described in Paragraph 7(C)(i). 2. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. e. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. £ No Further Charges on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay same. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. no 14, g. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. 9. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. It is acknowledged that certain sums are owed for income taxes due for the 2008 tax year. It is expressly agreed that Husband shall be solely responsible for all taxes, penalties, interest and other resulting charges related to the joint 2008 income tax return filings and it is acknowledged that Husband had received and retained the parties' joint refund and it was Husband's failure to report that resulted in the deficiency. With regard to years other than 2008, both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, they shall share equally the responsibility for all taxes, penalties, interest and other resulting charges unless a party has committed fraud or intentional misrepresentation or other intentional conduct that results in a deficiency. In the event of fraud or intentional misrepresentation, such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. It is also specifically agreed that each party agrees to execute immediately upon request any and all documentation necessary to effectuate the terms of this paragraph and that effective as of the date of execution of this Agreement, each party shall be solely responsible for any and all tax liabilities associated with his or her earnings, conveyances, retirement distributions and all other sources and/or conduct and he or she shall hold the other party harmless for same. 10. ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. Except as otherwise provided herein, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 11. CHILD'S EDUCATIONAL EXPENSES.The parties each acknowledge that it is their intent to contribute to the expenses associated with the college or other post-high school education for the children, to the extent that they are financially able at the time. Such expenses would include without limitation, tuition, room and board, lab fees, miscellaneous student fees, books and student supplies, transportation expenses for summer and other school breaks, clothing, and miscellaneous spending money, however, the provisions here in acknowledging the parties intent shall not in any manner confer third party beneficiary rights unto the children for the payment of said expenses. If applicable, both parents shall be involved in and have input into the choice of academic institution selected by the child. Further, the child will be required to apply for and use all possible grants, scholarships, and work study programs and any of their own income or assets before the parties are responsible to contribute to his or her college expenses. 12. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 13. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution schemes, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 14. WAIVER OF CLAIMS. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all cc,Y?i causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other, except as designated in Paragraph 20. 15. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 16. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws; there are no such proceedings pending with respect to them which have been initiated by others; and they agree not to file a bankruptcy actionwhich may, in any way, affect the completion of their respective obligations of this Agreement. It is stipulated and agreed by the parties that any payment made by one party to or for the benefit of the other party, including the direct payment of marital debt addressed in this Agreement, shall be deemed to be in the nature of support and maintenance and shall not be dischargeable in bankruptcy. The parties acknowledge that the payments and other terms of this Agreement are necessary for the parties to meet their financial obligations and to support and maintain their standard of living. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto and the parties agree to consent to any motion filed requesting that the bankruptcy courts abstain from deciding the dischargeability of the obligations in order to allow the appropriate Court of Common Pleas to rule upon this issue. 17. COUNSEL FEES AND COSTS. Husband and Wife each agree to be responsible for their own attorney's fees and costs incurred with respect to the negotiation and drafting of this Marital Settlement Agreement and the divorce proceedings related thereto. 18. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 19. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 20. BREACH.If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 21. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 22. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 23. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. Aye _yNoerry'N 0(0 24. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 25. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 26. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 27. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 28. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has sought sufficient legal advice from legal counsel of his or her own choice, if any, and has executed it voluntarily and in reliance upon his or her own attorney, if any; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. g Q 29. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 30. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 31. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THEPARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto ie day and year first above written. COMMONWEALTH OF PENNSYLVANIA COUNTY OF (-- 2?7\( CHRI?ST/I?A/N? C. MOORS. MEGAN L. M ILL On this ? day of X2011, before me, the undersigned officer, personally appeared CHRISTIAN C. MOORE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. NO TARIAL SMARRY D SEyNS Fxp" Jul 25, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF c.:l Pvi 1124! 1 A-a Notary Publi On this .57" day of , 2011, before me, the undersigned officer, personally appearedMEGAN L. MORRILL (f/k/a MEGAN L. MOORE), known to me(or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL otary Public Linda A. Clotfelter, Notary Puub& Hampden Twp, Cumberland County My commission expires Jame 21, 2014 a MEGAN L. MOORE, (n.k.a. MEGAN L. MORRILL), Plaintiff VS. CHRISTIAN C. MOORE, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on November 4, 2008. 3. Date and manner of Service of the Complaint: November 7, 2008, by Certified Mail, return receipt requested, restricted delivery, as evidenced by the Affidavit of Service filed on November 14, 2008. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on December 5, 2011 and filed on December 8, 2011. The Defendant's Affidavit of Consent was executed on December 12, 2011, and filed on December 22, 2011. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on December 5, 2011, and said waiver was filed on December 8, 2011. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on December 12, 2011, and said waiver was filed on December 22, 2011. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6537 : CIVIL ACTION - LAW : IN DIVORCE G rnco ?M x;P' may,. C" _zQ I> ? z ..r N C7 N s• 3 0 -i, MM -u? o° --i 4? a? 6. There are no related claims pending. The parties have resolved all related issues by written Marital Settlement Agreement dated December 5, 2011, which will be incorporated into the Divorce Decree as per Paragraph 30 of the Agreement. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER ?) n Date: S ! y: Ljnda A. Clotfelter, Esquire Afttorney I.D. No. 72963 5021 East Trindle Road, Suite Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile MEGAN L. MORRILL V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN C. MOORE NO. 2008-Q537 DIVORCE DECREE AND NOW, *1011 , it is ordered and decreed that MEGAN L. MORRILL 8 , plaintiff, and CHRISTIAN C. MOORE , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. The parties have resolved their economic claims by written Marital Settlement Agreement dated December 5, 2011, which shall be incorporated herein, but not merged, as per Paragraph 30 of the Agreement, for the purpose of enforcement only. By the Court, Atte J. I Pr thonotary o/ A CO )W 94 G4tPQ/ 7t:> ?' ?,a? C'°ry ley aahIAw- C?C? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ? Megan Lee Morrill, Plaintiff, V. Christian Charles Moore, Defendant. DOCKET NO. 08-6537 ACTION IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER IT IS HEREBY ORDERED, ADJUDGED AND DECREED: Effect of This Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution pension plan that is qualified under Section 401 of the Internal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414 (p) of the Code, Section 206(d)(3) of ERISA and the Retirement Equity Act of 1984, P.L. 98-397. 2. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number, and this Court has personal jurisdiction over the parties. The parties were married on June 30, 2000 and divorced on January 12, 2012. 3. Participant Information: The name, last known address, social security number, and date of birth of the plan "Participant" are: Name: Christian Charles Moore ("Participant") Address: 1918 Carlisle Road, Camp Hill, Pennsylvania 17011 Social Security Number: See Separate Addendum Birth Date: August 22, 1969 4. Alternate Payee Information: The name, last known address, social security number, and date of birth of the "Alternate Payee" are: Name: Megan Lee Morrill ("Alternate Payee") Address: 1128 Columbus Avenue Apartment #4, Lemoyne, Pennsylvania 17043 Social Security Number: See Separate Addendum Birth Date: January 19, 1974 Relationship to Participant: Former Spouse The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 5. Plan Name: The name of the Plan to which this Order applies is the D & H Distributing Co. Employee Stock Ownership Plan (hereinafter referred to as "Plan"). Further, any successor plan to the Plan or any other plan(s), to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the State of Pennsylvania. 7. For Provisions of Marital Property Rights: This Order relates to the provision of marital property rights to the Alternate Payee as a result of the Decree of Divorce between the Participant and the Alternate Payee issued on January 12, 2012. 8. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate Payee an amount equal to One Hundred Ninety Two Thousand One Hundred Forty-Five Dollars ($192,145.00) of the Participant's Total Account Balance accumulated under the Plan as of the date this dollar amount is segregated from the Participant's account. The Alternate Payee's portion of the benefits described above shall be allocated on a prorata basis from all of the accounts and/or investment funds maintained under the Plan on behalf of the Participant. Such benefits shall also be segregated and separately maintained in a nonforfeitable Account(s) established on behalf of the Alternate Payee. This Account(s) will initially be established in the same fund mix percentages as the Participant maintains in his account. Additionally, the Alternate Payee's account shall be credited with any interest and investment income (or losses) attributable thereon from the date of segregation (or the closest valuation date thereto), until the date of total distribution to the Alternate Payee. 9. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects, her benefits shall be paid to her as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under the terms of the Plan or Section 414(p) of the Internal Revenue Code, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to Participants under the terms of the Plan, including, but not limited to, a single lump-sum cash payment. 10. Alternate Payee's Rights and Privileges: On and after the date that this Order is deemed to be a Qualified Domestic Relations Order, but before the Alternate Payee receives her total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate a beneficiary for death benefit purposes and the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. However, the Alternate Payee shall not be entitled to take any loans from the Plan. 11. Death of Alternate Payee: In the event of the Alternate Payee's death prior to her receiving the full amount of benefits called for under this Order and under the benefit option chosen by the Alternate Payee, such Alternate Payee's beneficiary(ies), as designated on the appropriate form provided by the Plan Administrator (or in the absence of a beneficiary designating, her estate), shall receive the remainder of any unpaid benefits under the terms of this Order. 12. Death of Participant: In the event that the Participant dies prior to the establishment of separate account(s) in the name of the Alternate Payee, such Alternate Payee shall be treated as the surviving spouse of the Participant for any death benefits payable under the Plan to the extent of the full amount of her benefits as called for under Paragraph 8 of this Order. Should the Participant predecease the Alternate Payee after the new account(s) have been established on her behalf, such Participant's death shall in no way affect the Alternate Payee's right to the portion of her benefits as stipulated herein. 13. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; (c) to require the payment of any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order that was previously deemed to be a QDRO; or (d) to make any payment or take any action which is inconsistent with any federal or state law, rule, regulation or applicable judicial decision. 14. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 15. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualify as a QDRO under Section 414(p) of the Internal Revenue Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. Tax Treatment of Distributions Made Under This Order: For purposes of Sections 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 17. Constructive Receipt: In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan Trustee inadvertently pays to the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments, and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 18. Effect of Plan Termination: In the event of a Plan termination, the Alternate Payee shall be entitled to receive her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 19. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein, including, but not limited to, the recharacterization thereof as a division of benefits under another plan, as applicable, or to make an award of disability benefits that may become payable under the Plan, if applicable, or to make an award of spousal support, if applicable, in the event that the Participant or the Plan Administrator fails to comply with the provisions contained in this Order requiring said payments to the Alternate Payee. 20. Actions by Participant: The Participant shall not take any actions, affirmative or otherwise, that circumvent the terms and provisions of this Qualified Domestic Relations Order, or that diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, the Participant shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of the Participant's actions or inactions, and to the extent of the Alternate Payee's full entitlements hereunder. 21. Notice of Pending Retirement: In the event that the Plan Administrator requires the Alternate Payee to wait until the Participant's actual date of termination of employment or retirement before becoming eligible to receive her distribution, then the Participant shall be required to notify the Alternate Payee, in writing, within ten (10) days following his termination of employment or retirement. The notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in her mailing address. 22. Order Review Fees: In the event the Plan Administrator charges a QDRO processing fee for the administration of their defined contribution plan QDROs, the Plan Administrator is hereby directed to equally divide such fee between the Participant and the Alternate Payee. In other words, one-half of the QDRO processing fee shall be deducted from the amount to be segregated from the Participant's account for the benefit of the Alternate Payee, and the other half shall be deducted from the Participant's remaining account balance. IT IS SO ORDERED, this 1h1h day of T6evot j 20 12. BY THE COURT: Megan Lee orrill (Plaintiff) G C,4- Christian Charles Moore (Defendant) ?Prfs M,4. lee( m- _ to -v © zr ,.,,, av o, -+c3 -? c.n -G t MEGAN L. PESLIS F/K/A MEGAN L. MOORE Plaintiff/Petitioner vs. CHRISTIAN C. MOORE, Defendant/Respondent Prior Judge: M. L. Ebert, Jr., J. Conciliator: NONE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6537 CIVIL ACTION -LAW IN DIVORCE AND CUSTODY ~: - ,,.. , j~= r. :_: ~- .... _ _E ,,, , a -~ .i 9 f '~ ~ r ' ~ "T7 rt -I" ~ "t"Y r y _. ~ _ _ .. .__ ,.., ~ -~~ ~ :' ~' . -~; c- : . ~ PETITION TO MODIFY CUSTODY ORDER AND NOW, comes Petitioner, Megan L. Peslis, by and through her counsel, Linda A. Clotfelter, who files this Petition to Modify Custody Order and in support thereof states the following: Petitioner is Megan L. Peslis, (hereinafter "Mother"), an adult individual who resides at 246 Walton Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Respondent is Christian C. Moore, (hereinafter "Father"), an adult individual who resides at 1912 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties are the natural parents of one (1) Child namely Cameron Moore, born August 19, 1999, (hereinafter the "Child"). 4. The custody order entered between the parties regarding the Child was entered by the Honorable M. L. Ebert, Jr. on October 2009 and was based upon the Stipulation of the parties. A subsequent Order for Special Relief was entered August 12, 2012, ordering that the Child will attend school based upon Mother's residence. True and correct copies of the Orders are attached hereto collectively as Exhibit "A", which is incorporated herein as if fully set forth. 5. Due to significant changes in circumstances Mother now seeks to have the pri/oar Order of Court regarding custody modified. ~1"~ cyf# 33v~ ,2#a~~ 6. Mother seeks to have this Court award the parties shared legal custody with primary physical custody to Mother and partial physical custody periods to Father for the following reasons: a. Mother, who is remarried and is now astay-at-home-mom, is able to provide a loving, nurturing, and stable home environment where the Child would be able to better develop a relationship with his two siblings. b. Mother's home is a single family home in the school district that the Child has attended for years while Father lost the prior family home in foreclosure and has had to rely upon his family for housing for himself and the Child since the foreclosure. c. Father works full time and must rely upon his parents to transport and care for the Child during his custody periods while Mother, as astay-at-home-mom is available to care for the Child each and every day. She is also able to act immediately if there should be an emergency at school or otherwise, and is also readily available to get the Child to doctors and other appointments as needed. It also notable that Mother's home is a structured environment where meals are a family event and the Child is expected to clean his room, assist within the home when necessary, follow reasonable personal hygiene practices, and take his medications as required. Father's views of structure and hygiene differ significantly. For example, personal hygiene is treated as unimportant as are the Child's medications for his asthma. Also a concern is Father's lack of responsibility which was evident this week when Mother, who had repeatedly reminded Father of parent/teacher conferences, had to again remind Father by telephone, thereby waking him in time so that he could attend the conference. d. Family dinners and prayer are a focus in Mother's home but not Father's. The Child has expressed a desire to become active in church and to attend church camps like some of his friends and Mother has met some of these requests. Unfortunately, the current custody arrangement and the many hockey-related obligations that Father signs the Child up for interfere with church attendance and other similar activities for which the Child has shown an interest. e. Father has monopolized the Child's court-ordered time with Mother, without her consent, by signing the Child up for hockey teams, tournaments, clinics, trips, etc. on a year round basis. These overlap with baseball, school hockey and travel hockey and most often have prevented the Child from spending time with his Mother (in violation of the Order) for her regular periods, holidays, vacations, family gatherings, etc. The Child's hockey obligations are scheduled for all major holidays and because Father is also a coach, Mother believes that his conduct is designed to increase Father's time with the Child while almost eliminating Mother's quality custody time with the Child. Furthermore, when the Child needed to be disciplined for significant behavioural issues at school, Father refused to permit Mother to alter the Child's hockey schedule as a form of discipline, citing the current language in the Order which states that "they will make certain that the Child attend any extracurricular activities." This is not in the Child's best interest and is not within the spirit of the Order for Custody. Also notable is that as a result of Father's hockey-related schedule for the Child, he has missed his brother's first birthday and his sister's baptism. In addition, after Mother's stepfather and grandfather both passed away, Father announced that the Child would not attend any funerals if they interfere with Father's vacation time or a hockey tournament. Statements such as this by Father are common and clearly indicate his intent to alienate Mother and Mother's family from the Child and his express intent of making them less important than hockey. Father has also not acted in the Child's best interests by discussing custody matters directly with the Child in a negative and manipulative manner including implications that Mother in some way is trying to take the Child from his Father and/or otherwise hurt Father, which is not the case. WHEREFORE, Petitioner, Megan L. Peslis, respectfully requests that, the Court enter an Order of Court granting the parties shared legal custody, Mother primary custody, Father partial physical custody as described above, and granting such other relief as this Court deems just and proper. Date: I 1 ~~ (~ / J~ Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER ~~ Li da A. Clotfelter, Esquire A orney ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Counsel for Plaintiff/Petitioner MEGAN L. PESLIS F/K/A MEGAN L. MOORS Plaintiff/Petitioner vs. CHRISTIAN C. MOORS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. x-6537 CIVIL ACTION -LAW IN DIVORCE AND CUSTODY VERIFlCATiON I, MEGAN L. PESLIS, verify that the statements in the foregoing PETITON TO MODIFY CUSTODY ORDER are true and coned to the best of my knowledge, information and belief. I understand that false statements herein aro made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 1 Date: ~ ~f 2- 31 12, -t~~-~J MEGAN L. PESLIS, Petitioner NOV 0 Z 2009 ~, MEGAN L. MOORS N/K/A MEGAN L. MORRILL Plaintiff vs. CHRISTL~N C. MOORS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6537 CIVIL ACTION -LAW IN DIVORCE AND CUSTODY ~~i ~_ AND NOW, this ~ day of ~~~~_ , 2pp9, upon consideration of the Joint Stipulation of Custody, the Court hereby incorporates the Stipulation by reference into this Order of Court. BY THE COURT: C J. t7I1'11S(T i~ 4v,z'~' . _. ,.. .~,. MEGAN L. MOORS NlKJA MEGAN L. MORR.YLL Plaintiff vs. CHRISTIAN C. MOORS, Defendant IN THE COURT OF COMMON PLEAS OF C[JMBERLAND COUNTY, PENNSYLVANIA NO. 48-b537 -~~~; • :;,-• CIVII. ACTION -LAW ~ =_ IN DIVORCE AND CUSTODY ~'... ~~- :y ~~_ --a ~.~, a ~~ ~~~. ,~,,,; `~' ~- T _, iJ'~ STIPULATION OF CUSTODY -< w AND NOW, the p®rtees, Megan L. Morrill (f/kla Megan L. Moore), hereinafter refen~ed to as the "Mother", and Christiana C. Moore, hereinafter referred to as the "Father", enter into a Stipulation of Custody in Cumberland County, Pennsylvanaia, with regard to their child: Cameron C. Moore, born August 19,1999, age (10) years, and state the following: 1. Plaintiffis Megan L. Morrill (flk/a Megan L. Moore), an adult individual who resides at 1 Vineyard Haven, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Christian C. Moore, an adult individual who resides ax 1 Vineyazd Haven, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The parties are the natural parents of one (1) child, namely: Cameron G. Moore, born August 19,1999, age (9) years, (hereinafter refen~ed to as the "Child"). 4. No Order of Court for custody of the Child presently exists between the parties and the parties now seek to have an Order of Court entered that includes the terms of this Stipulation S. The parties now stipulate and agree to the tenors of this agreement to establish an Order for Custody that the parties intend shall become effective October 1, 2009. 6. The parties stipulate and agree that the terms for custody of the Child shall be as follows: a_ I~~al custody - Z,ega1 custody of the Child shall be shazed by the parties. Shared legal custody means the right of both parents to control and to share in making decisions of importance in the life of the Child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the Child's school, medical, dental and other important records. Notwithstanding that both parents share Legal custody, non-mayor decisions involving the Child's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. b. Physical Cnatody - The parties specifically agree that the parties shall share physical custody as follows: i. Father shall have custody every Monday from the start of school or 8:00 a.m. when there is no school through Wednesday start of school or 8:00 a.m. when there is no school; ii. Mother shall have custody every Wednesday from start of school or 8:00 a.m. when there is no school through Friday at state of school or 8:00 a.m. when there is no school; and iii. The parties sha11 have alternating weekends from Friday at start of school or 8:OOa.m. when there is no school through Monday start of school or 8:00 a.m. when there is no school beginning (~Ctober 2, 2009 with Mother having the first alternating weekend custody period. iv. The parties acknowledge that both wish to encourage the Child's relationship with his extended families. With that common goal in mind, it is agreed that each party shall be flexible in meeting the other parties' requests to vary from the regular schedule so that the child cam participate in farnily events and visits- The parties shall not unreasonably withhold consent to such requests nor shall. either party be unreasonable in rescheduling a~ missed custody period due to such a change. c. ~ -The parties shall alternate physical custody of the Child on the following holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, beginning with Mother having custody of the Child for the Thanksgiving holiday in 2009. These holiday periods of custody shall be from 9:00 am. through 5:00 p.m.; and the holiday periods of custody supersede the regular custody schedule. d. C~ris,~ - The parties agree that the Christmas holiday shall be designated as twa separate periods with each party being entitled to one ofthe two periods, with same alternating annually. The first Christmas period of holiday custody shall be from noon on December 24'" through noon on December 25~' and the second period of custody for the Christmas holiday shall be from noon on December 2S~` through noon on December 26~`. The parties sha11 alternate the periods annually beginning with Father having the first custody period in 2009 and Mother having the second period of custody in 2009. In even-numbet+ed years, Mother shall have the fast period of custody and Father shall have the second period of custody for the Christimas holiday. e. F~slMgther's D~av - Father shall have physical custody every Father's Day and Mother shall have physical custody every Mother's Day regardless of the regular custody schedule. The custody periods skull be from 9:00 am. through 5:00 p.m. f. Vacation -Mother and Father agree that they shall each be entitled to two (2) non- consecutive weeks of custody each summer for the purpose of vacations. The summer vacation custody periods will supersede the regular custody schedule and each parent shall give the other thirty (30) days written notice of the dates of the summer custody periods for vacations. ff there is a conflict in the scheduling of vacations periods, the party first giving written notice to the other party prevails. g. Aareement to Vary -Mother and Father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain, in effect until either party petitions to have it changed. h. Transnortatian -- The receiving party shall be responsible for transporting the Child for his or her periods of custody. i. ~ztracnrricular activities -Each party agrees to provide the other with at least forty-eight (4$) hours advance notice of activities whenever possible. Both parties shall agree to honor and participate in the activities that the Child wishes to engage in. During the times that the parents have physical custody of the Child, they will make certain that the Child attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the Child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Child is able to participate in those events. j . Contact information - Each parent shall keep the other parent notified of his or her address and telephone number. k. Child's well being -The parties realize that the Child's well-being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything that may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or which may hamper the free and natural development of the Child's love or respect for the other parent. 1. Mica' , tion - No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. m. Qrder_ of Court - The parties e~+essly stipulate and agree to have the terms of this Stipulation entered as an Order of Court for child custody to the above-captioned docket. n. 1 ~~ - Each party expressly agrees to ensure that the Child is properly secured in the proper child seat/restraints and seat belts when the Child is transported in an automobile. The parties also agree that neither party shall consume alcoholic beverages prior to transporting the Child and no person transporting the Child shall be under the influence of any alcoholic beverages while transporting the Child. o. Smobog. drig~l~inQ. ~leaal snbatanees - No party shall smoke in any part of a confined area with the Child present and neither party shall permit another person to smoke in any part of a confined area with the Child present. No party shall drink alcoholic beverages or consume medication or illegal substances to the point of intoxication when in the presence of the Child. Each shall also take all reasonable steps necessary to ensure that then guests and/or other third parties are not intoxicated in the presence of the Child. p. Travel that ezeeeds 200 miles -Each party shall notify the other party prior to taking the Child more than 2(~ miles from the family residence in Ne~vv Cumberland, Cumberland County. It is further agreed that if a parent takes the Child from his or her home for a period that exceeds ?2 hours, then the parent taking the Child shall inform the other parent of a telephone number and address where the Child can be contacted while away from home. S. This Agreement is binding and enforceable when signed b3' Megan L. Morrill and Christian C. Moore. Both patties agree that this Stipulation shall be incorporated into an Order of the Court of Common Pleas of Cumberland County, Pennsylvania and they further agree that this Stipulation fully resolves anY and all child custody issues between the parties. WHEREFORE, the parties ask that this Honorable Court enter an Order in accordance with their Agreement. We verify that the statements made in the foregoing document are true and cornett to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 1 S Pa. C.S. Section 4904, relating to unswom falsification to authorities. Witnesses: ~ ~ C% J• G~ Megan L. Morrill (f/k/a Megan L. Moore}, Plaintiff I t.r- ~~ 'stia~n C. Moore, Defendant A~1G 1 ~+ZQi~; MEGAN L. MOORS NIK/A MEGAN L. MORRILL Plaintiff/Petitioner vs. CHRISTIAN C. MOORS, DefendantJRespondent IN THE COURT OF COMMON PLEAS OF CUM$ERLAND COUNTY, PENNSYLVANIA NO. 0$-6537 CIVIL ACTION -LAW IN DIVORCE AND CUSTODY ORDER AND NOW, this ! ~~, day of August, 2010, upon consideration of the Emergency Petition for Special Relief in Child Custody, it is hereby ORDERED that both parties shall immediately execute any and all documents necessary to enroll their son, Cameron C. Moore, in the Lemoyne Middle School. BY THE COURT: . L. E rt, Jr., J. i DISTRIBUTION: John F. King, Esq. 4076 Market St., Camp Hill, PA 17011 Linda A. Clotfelter, Esq. 5021 E. Trindle Rd., Mechanicsburg, PA 17050 k. TRtfE CflP1f g~tORll I~CORO In Ti~tirnony wtNnraR, l ft~ wNo srt mg- hMd and 1tM d tMd ~ ae Csrlah. ThN.,td s~~~ ~o ~ y~ MEGAN L. PESLIS F/K/A MEGAN L. MOORE Plaintiff/Petitioner vs. CHRISTIAN G MOORE, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6537 CIVIL ACTION -LAW IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, on this ~ day of Q yrt ~lij , 2012, the undersigned hereby certifies that a true and correct copy of the foregoing PETITION TO MODIFY CUSTODY ORDER. was served upon the opposing party by United States First Class Mail, postage prepaid, addressed as follows: John F. King, Esquire 4076 Market Street Camp Hill, PA 17011 (Counsel for Defendant) Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER ._...._ - - ~. L da A. Clotfelter, Esquire orney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Counsel for Plaintiff/Petitioner MEGAN L. PESLIS F/K/A MEGAN L. IN THE COURT OF COMMON PLEAS OFc~ MOORE ~"'" °" --+ PLAINTIFF CUMBERLAND COUNTY, PENNSYLV ® r-- ` ~ ~ f~ , ~~ `~ r-- .~~. 2008-6537 CIVIL ACTION LAW ~c-' x» ~ c~~-T-, f.. ~ :fir ~ ~~~ CHRISTIAN C. MOORE = IN CUSTODY " ' ,,~, DEFENDANT ORDER OF COURT AND NOW, Thursday, November 29, 2012 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor ,Cumberland County Courthouse, Carlisle on Wednesday, December 19, 2012 at 8:30 AM for aPre-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. 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/ Hubert X. Gllro 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. C IOfifel~G~, ~s~. ~, ~--, ~~~o y . ~5~ , ~~~,'lia~,r Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 c~r,~PS ~a~~~~ MEGAN L. MOORE, IN THE COURT OF COMMON PLEAS OF N/K/A MEGAN L. PESLIS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. CHRISTIAN C. MOORE, DEFENDANT NO. 08-6537 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 28" day of March, 2013, after hearing in the above matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Legal Custody: The Father, Christian C. Moore, and the Mother, Megan L. Moore, n/k/a Megan Peslis, shall shave shared legal custody of Cameron C. Moore, dob: 8/19/99. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent 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. 2. Physical Custody: The parties shall share physical custody on a week on/week off basis with transfers occurring Friday after school or at 4:00 p.m. when there is no school. Mother's custody week shall begin on Friday, March 29, 2013, at 4:00 p.m. 3. Right of First Refusal: In the event that the parent with custody is unable to care for the Child for more than five (5) hours, non-inclusive of school time, then, immediately upon knowing that fact, the parent with custody of the Child shall contact the other parent and offer them the ability to have custody of the child for that period. 4. Holidays: The parties shall alternate physical custody of the Child on the following holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, beginning with Mother having the Memorial Day holiday. These holiday periods of custody shall be from 9:00 a.m. through 5:00 p.m., and the holiday periods of custody supersede the regular custody schedule. 5. Christmas: The Christmas holiday shall be designated as two separate periods with each party being entitled to one of the two periods, with same alternating annually. The first Christmas period of holiday custody shall be from noon on December 24th through noon on December 25th and the second period of custody for the Christmas holiday shall be from noon on December 25th through noon on December 26th. The parties shall alternate the periods annually beginning with Father having the first custody period in 2013 and Mother having the second period of custody in 2013. In even numbered years, Mother shall have the first period of custody and Father shall have the second period of custody for the Christmas holiday. In odd numbered years, Father shall have the first period of custody and Mother shall have the second period of custody for the Christmas holiday. 6. Father's/Mother's Day: Father shall have physical custody every Father's Day and Mother shall have physical custody every Mother's Day regardless of the regular custody schedule. The period of custody shall be from 9:00 a.m. until 5:00 p.m. 7. Vacation: Given the fact that the parents now have a week on/week off custody schedule, there will be no special provisions set for summer vacation. Each party will plan their vacations during their normal week of scheduled custody. 8. Transportation: The relinquishing party shall be responsible for transporting the child to the other parent at the end of their custody period. 9. Extra-Curricular Activity: Both parents shall cooperate in determining what extra-curricular activities the child will be enrolled in. Unless otherwise agreed upon, the parent signing a child up for an extra-curricular activity shall be responsible for the financial obligations associated with the activity without contribution from the other parent. Each parent shall provide the other with at least 5 days advanced notice of any school or other activity the child is participating in. The ultimate decision as to what extra-curricular activities the child participates in each week is controlled by the parent who has actual physical custody of the child at the time of the scheduled activity. 10. Non-Alienation: The parties realize that the Child's well-being is paramount to any differences they might have between themselves. Therefore, neither party shall do anything that may estrange the Child from the other parent, injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love or respect for the other parent. 11. Restraints: Each parent shall ensure that the Child is properly secured in the proper child seat/restraints and seat belts when the Child is transported in an automobile. Neither party shall consume alcoholic beverages prior to transporting the Child nor shall any person transporting the Child be under the influence of any alcoholic beverages while transporting the Child. 12. Smoking, drinking, illegal substances: No party shall smoke in any part of a confined area with the Child present and neither party shall permit another person to smoke in any part of a confined area with the Child present. No party shall drink alcoholic beverages or consume medication or illegal substances to the point of intoxication when in the presence of the Child. Each party shall also take all reasonable steps necessary to ensure that their guests and/or other third parties are not intoxicated in the presence of the Child. 13. Travel that exceeds 200 miles: Each party shall notify the other party prior to taking the Child more than 200 miles from the families' residences in the New Cumberland, Cumberland County area. It is further ordered that if a parent takes the Child from his or her home for a period that exceeds 72 hours, then the parent taking the Child shall inform the other parent of a telephone number and address where the Child can be contacted while away from home. 14. Relocation: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa.C.S. §5337. 15. Modification: 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. By the Court, "I M. L. Ebert, Jr., J, Linda Clotfelter, Esquire Attorney for Plaintiff ' � a rn John King, Esquire f[> corn Q� Attorney for Defendant : -7 c.n rQ