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HomeMy WebLinkAbout09-4240 DEWAYNE E. MCCARDELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL- DIVORCE AND CUSTODY KRISTEN L. MCCARDELL, Defendant NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A 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 at the first floor in the Cumberland County Courthouse, 1 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DEWAYNE E. MCCARDELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. O9' ?b c? ?? CIVIL - DIVORCE AND CUSTODY KRISTEN L. MCCARDELL, Defendant COMPLAINT IN DIVORCE WITH CUSTODY COUNT AND NOW, comes the Plaintiff, Dewayne E. McCardell, by his attorney, John M. Kerr, Esquire, pursuant to Section 3301(c) & 3301(d) of the Pennsylvania Divorce Code, and seeks to obtain a Decree in Divorce from the Defendant, Kristen L. McCardell, upon the grounds set forth: COUNT I - NO-FAULT DIVORCE UNDER §§3301(c) or 3301(d) Ln 08sd tln M. err soao Ma Road su to 109 Medw*sburg, PA 17055 PHom: 717.788.4008 FAx: 717.788.4088 1. The Plaintiff, Dewayne E. McCardell, is an adult individual residing at 27 Pine Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Kristen L. McCardell, is an adult individual residing at 1204 Brandt Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 31, 2004 in Lake Raystown, Pennsylvania. 5. Defendant separated from Plaintiff on May 29, 2009. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. The Plaintiff and Defendant are both citizens of the United States of America. 8. The Defendant is not a member of the United States Armed Forces. 1.. Ofa.a hn M. err 5020 FJ to Road Sutte 109 ModkinksbLug. PA 17055 Fli o : 717.788.4008 FAX: 717.788.4088 9. The cause of action and section of Divorce Code under which Plaintiff is proceeding is the marriage is irretrievably broken under 23 Pa. Const. Stat. §3301(c) or 3301(d). 10. Plaintiff requests this Honorable Court to enter a decree of divorce pursuant to Section 3301(c) or 3301(d) of the Divorce Code. COUNT II - CUSTODY 11. Paragraphs 1-10 of this Complaint are incorporated by reference, as if fully set forth in their entirety. 12. Plaintiff Dewayne E. McCardell (hereinafter, "Father") resides at 27 Pine Street, Carlisle, Cumberland County, Pennsylvania 17013. 13. Defendant Kristen L. McCardell (hereinafter, "Mother"), resides at 1204 Brandt Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 14. Father seeks partial physical custody and joint legal custody of the following child: Name Present Residence D.O.B. Alissa M. McCardell 1204 Brandt Road August 14, 2008 Mechanicsburg, PA 17055 The child was not born out of wedlock. 15. The child is presently in the custody of Mother who is resides at 1204 Brandt Road, Mechanicsburg, Pennsylvania 17055. 16. During the past five years, the child has resided with the following persons and at the following addresses: Names Kristen L. McCardell Residences 1204 Brandt Road Mechanicsburg, PA 17055 Dates 5/29/09- present Kristen L. McCardell 27 Pine Street Carlisle, PA 17013 8/14/08 -5/29/09 17. The Mother of the child is Kristen L. McCardell, who is residing at 1204 Brandt Road, Mechanicsburg, PA 17055. She is married. 18. The Father of the child is Dewayne E. McCardell, residing at 27 Pine Street, Carlisle, PA 17013. He is married. 19. The relationship of the Mother to the child is that of mother-child. The child is currently living with the mother. 20. The relationship of the Father to the child is that of father-child. 21. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, have been named as parties to this action. 22. The best interests and permanent welfare of the child will be furthered by granting partial physical custody to Father because: a) Father has resided with his daughter from her birth until Mother abandoned the marital residence on May 29, 2009; b) Mother has acted to deny Father any custody rights since May 29, 2009; c) Father acted to further the best interests of his daughter during the time he lived with her; and d) Mother has been negligent in her care for the child by not feeding or bathing her sufficiently. 1-001.0 hn M. err 5020 FtWm Road smite 109 Mechardmbtug. PA 17055 FNcm: 717.788.4008 Froc: 717.766.4066 WHEREFORE, the Plaintiff/Father requests that the Court: a) enter a decree of divorce under either §§ 3301(c) or 3301(d) of the Divorce Code; and b) grant partial physical custody and shared legal custody to him. Respectfully submitted, John M. Kerr, Esquire I.D. #26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 kerriaw@comcast.net Dated: June 23, 2009 mai t1n M. err 5020 FUM Road Sufte 100 Modlardcsblag, PA 17055 PHom: 717.788.4008 FAx: 717.788.4088 VERIFICATION The undersigned, Dewayne McCardell, hereby states that he is the Plaintiff in the foregoing Divorce and Custody action and, as such, is authorized to execute this Verification, and that any factual statements contained in the preceding "Complaint in Divorce With Custody Count" are true and correct to the best of his knowledge, information and belief. He understands that any false statements are subject to the penalties prescribed at 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dewayne McCardell .,TAR, 2GQ° JJN 23 fah 3: 00 339,0 god .rzff- le"? eo &L ot 4eae? eooecl ?- /44t 70 5-4, DEWAYNE E. MCCARDELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-4240 CIVIL ACTION LAW KRISTEN L. MCCARDELL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, June 26, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 04, 2009 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ john .Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILEFir'E OF THE P,i}`i??!?€ OTAR' 2009 JUN 26 PMT 3= 3 U P&? NTY DEWAYNE E. MCCARDELL, PLAINTIFF V. KRISTEN L. MCCARDELL, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4240 CIVIL CIVIL- DIVORCE AND CUSTODY MOTION TO SCHEDULE APL CONFERENCE AND NOW comes Kristen L. McCardell by and through her Attorney, Mary A. Etter Dissinger, Esquire, and requests the court to schedule a hearing on her Petition for Alimony Pendente Lite and in support of the Motion avers as follows: 1. The Defendant in this action, Kristen L. McCardell, resides at 1204 Brandt Road, Mechanicsburg, PA 17055. 2. The Plaintiff in this action, Dewayne E. McCardell, who resides at 27 Pine Street, Carlisle, PA 17013. 3. Defendant has filed for alimony pendente lite to the above caption. 4. In Defendant's Answer to the Complaint in Divorce she asked for alimony and alimony pendente lite. 5. Defendant requests the Court to schedule a hearing on her request for alimony pendente lite. Respectfully Submitted, DISSINGER & DISSINGER Mary Etter Dissinger, Attorney at Law Supreme Court ID #27736 28 North Thirty-second Street Camp Hill, PA 17011 (717)975-2840 (717)975-3924 - fax __ 6 DEWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-4240 CIVIL KRISTEN L. MCCARDELL, CIVIL- DIVORCE AND CUSTODY DEFENDANT CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon Michael A. Scherer, Esq., counsel for Plaintiff by depositing same in the United States Mail, postage prepaid, addressed as follows: John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 Date: 2009 'Mary Etter Dissinger, Esq. F!LE-!_)_i4. OF THE r; °O; Py 2099 JUL e8 All `'' 21 i . r 1 DEWAYNE E. MCCARDELL, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-4240 CIVIL KRISTEN L. MCCARDELL, : CIVIL- DIVORCE AND CUSTODY DEFENDANT MOTION TO SCHEDULE APL CONFERENCE AND NOW comes Kristen L. McCardell by and through her Attorney, Mary A. Etter Dissinger, Esquire, and requests the court to schedule a hearing on her Petition for Alimony Pendente Lite and in support of the Motion avers as follows: 1. The Defendant in this action, Kristen L. McCardell, resides at 1204 Brandt Road, Mechanicsburg, PA 17055. 2. The Plaintiff in this action, Dewayne E. McCardell, who resides at 27 Pine Street, Carlisle, PA 17013. 3. Defendant has filed for alimony pendente lite to the above caption. 4. In Defendant's Answer to the Complaint in Divorce she asked for alimony and alimony pendente lite. 5. Defendant requests the Court to schedule a hearing on her request for alimony pendente lite. Respectfully Submitted, ?DIISSSINGER & DISSINGER /"C Q Mary A. Etter Dissin r, Attorney at Law Supreme Court ID #27736 28 North Thirty-second Street Camp Hill, PA 17011 (717)975-2840 (717)975-3924 - fax • I DEWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-4240 CIVIL KRISTEN L. MCCARDELL, : CIVIL- DIVORCE AND CUSTODY DEFENDANT CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon Michael A. Scherer, Esq., counsel for Plaintiff by depositing same in the United States Mail, postage prepaid, addressed as follows: John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 Date: `'J?1,v , 2009 Mary A. Etter Dissinger, sq. 6 DEWAYNE E. MCCARDELL, PLAINTIFF V. KRISTEN L. MCCARDELL, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4240 CIVIL CIVIL- DIVORCE AND CUSTODY ANSWER AND NOW COMES the Defendant, Kristen L. McCardell, by her attorney, Mary A. Etter Dissinger, and files the following Answer and respectfully represents that: COUNT I 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. S. Admitted. Admitted. 18. Admitted. 19. Admitted. 10. Admitted. COUNT II 11. No response required. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. Admitted. 20. Admitted. 21. Admitted. 22. Admitted in part and denied in part. It is denied that other abandoned the marital residence. By way of further answer, it is averred she was forced to leave and thereafter obtained a PFA. It is denied Mother has acted to deny Father any custody rights. It is denied Father acted to further the best interest of his daughter at all times he lived with her. It is denied Mother has been negligent in feeding or bathing the hild. Plaintiff/Counter-Defendant is directed to answer the ollowing counterclaim within twenty (20) days, or suffer ossible default. COUNTERCLAIM Defendant/Counter-Plaintiff avers by way of counterclaim: COUNT I Request for Equitable Distribution of Marital Property Under 3104 and 3502(a) of the Divorce Code 23. The prior paragraphs of this Answer are incorporated herein by reference thereto. 24. Plaintiff/Counter-Defendant and Defendant/Counter-Plaintiff have acquired property during their marriage from the date of said marriage until the date of their separation. 25. Plaintiff/Counter-Defendant and Defendant/Counter-Plaintiff Iihave been unable to agree as to an equitable distribution of said property. WHEREFORE Defendant/Counter-Plaintiff requests the court to equitably distribute the property. COUNT II Request for Alimony Pendente Lite and Alimony under 3104, 3701, 3702 and 3704 of the Divorce Code 26. The prior paragraphs of this Answer are incorporated herein oy reference thereto. 7. Defendant/Counter-Plaintiff is unable to sustain herself uring the course of litigation. 8. Defendant/Counter-Plaintiff lacks sufficient property to rovide for her reasonable needs and is unable to sustain herself hrough appropriate employment. 29. Defendant/Counter-Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to 3104, 3701, 3702 and 3704 of the Divorce Code. COUNT III Request for Counsel Fees, Costs and Expenses Under 3104 and 3502(a) of the Divorce Code 30. The prior paragraphs of this Answer are incorporated herein by reference thereto. 31. Defendant/Counter-Plaintiff has employed Mary A. Etter Dissinger, Esquire, of the law firm of Dissinger and Dissinger to represent her in this matrimonial cause. 32. Defendant/Counter-Plaintiff is unable to pay the necessary counsel fees, costs, and expenses and Plaintiff/Counter-Defendant is more than able to pay them. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Defendant/ Counter-Plaintiff requests that, after final hearing, the Court order Plaintiff/Counter-Defendant to pay Defendant/ Counter-Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant/Counter-Plaintiff demands: 1. That she be awarded primary physical custody; 2. That an Order be entered distributing all of the property, real and personal, as the Court may deem equitable and just, plus costs; 3. That the Court enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to 3104, 3701, 3702 and 3704 of the Divorce Code, and 4. That pursuant to 3104 and 3502(a) of the Divorce Code, the Court enter an Order directing Plaint iff/Counter- Defendant to pay Defendant/Counter-Plaintiff's reasonable counsel fees, costs and expenses. Respectfully Submitted: DISSINGER AND DISSINGER By: Mary A. Etter Dlssinger Attorney for Defendant Supreme Court ID # 27736 28 N. Thirty-Second Street Camp Hill, PA 17011 717-975-2840 VERIFICATION I, Kristen L. McCardell, verify that the statements made in the foregoing Answer and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. y6D?? me Kristen L. McCardell DEWAYNE E. MCCARDELL, PLAINTIFF V. !KRISTEN L. MCCARDELL, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4240 CIVIL CIVIL- DIVORCE AND CUSTODY CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, do hereby certify that a copy of the foregoing Answer and Counterclaim has been duly served upon John M. Kerr, Esquire, attorney for Plaintiff, by depositing same in the United States Mail, postage prepaid, addressed as follows: John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 Date: Mary Etter Dissinger Atto ney for Defendant 0F Tf {r c n ! ;,-j• w / (,U ?, 7f - ®o ?oenl , 4 AUG 0 3 2009 DEWAYNE E. MCCARDELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-4240 CIVIL ACTION LAW KRISTIN L. MCCARDELL, IN CUSTODY Defendant ORDER OF COURT AIN day of August 2009, upon consideration of the attached Custody AND NOW this h Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custodv: The Father, Dewayne E. McCardell, and the Mother, Kristin L. McCardell, shall have shared legal custody of Alissa M. McCardell, born 08/14/2008. 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 her 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 Custodv: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing August 1, 2009, Father shall have physical custody of Alissa on alternating weekends from Saturday 10:00 am until Sunday 9:00 pm. b. In the absence of agreement otherwise, the parties shall exchange custody at the Target Store in Carlisle, PA C. The parties are authorized to have physical contact, or be in the presence of each other, for custodial exchange purposes as long as the contact is harmonious. The parties are further authorized to have communication between each other as long as the communication strictly regards custodial issues with Alissa. Contact or communication pursuant to this paragraph shall be deemed to not constitute a violation of the current PFA. d. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. Neither party shall utilize corporal punishment as a form of discipline for Alissa. 4. Neither party shall smoke in confined places, including but not limited to vehicles and residences, when the Child is present. 5. Holidays: The parents shall arrange the holiday schedule as mutually agreed. In the absence of agreement, the parties shall adhere to the schedule as attached. On the Child's birthday, the non-custodial parent shall have two hours of physical custody. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. A status update conference with the assigned conciliator is hereby scheduled for February 02, 2010 at 9:00 am at the Court of Common Pleas, Carlisle, PA 17013. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: ? J hn Kerr, Esquire ary Dissinger, Esquire ohn J. Mangan, Esquire 'J t ES rr zLt 6L By the Court, J. HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1St Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 pm Mother Father -Independence Da From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving Pt Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2n half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas Pt Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1 St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father DEWAYNE E. MCCARDELL, Plaintiff V. KRISTIN L. MCCARDELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-4240 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alissa M. McCardell 08/14/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on July 28, 2009 with the following individuals in attendance: The Mother, Kristin McCardell, with her counsel, Mary Dissinger, Esq. The Father, Dewayne McCardell, with his counsel, John Kerr, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 7/3/ ' Date John J. Mang squire i t Custody Co cil' A for -S fl ! t F`` It";iF a-; +.? 141 0 , DEWAYNE E. MCCARDELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C N Q Q V. NO. 09-4240 CIVIL CIVIL - DIVORCE KRISTEN L. MCCARDELL, r, Defendant a ` ,i n AFFIDAVIT OF SERVICE Undersigned Paralegal for the Law Office of John M. Kerr, Esquire, deposes and states as follows: 1. Undersigned Paralegal, Heather S. Clouser is an employee of Cumberland County, Pennsylvania and maintains an office at 5020 Ritter Road, Suite 109, Mechanicsburg, Pennsylvania 17055. 2. On June 24, 2009, undersigned Paralegal sent by Certified Mail, Return Receipt Requested, from Mechanicsburg, Pennsylvania, No. 7007-2680-0000-2362-7549, a Complaint in Divorce in the above-captioned matter to: Mrs. Kristen L. McCardell 1204 Brandt Road Mechanicsburg, PA 17055 0 9 h M. err 5020 Ritter Road Suite 108 Mechanicsburg, PA 17055 PHorie: 717.766.4005 FAx: 717.766.4066 3. On June 26, 2009, at 3:11 p.m. Kristen L. McCardell signed the receipt, No. 7007-2680- 0000-2362-7549, which is appended to this Affidavit. A Tracking and Confirmation from the United States Postal Service is also appended to this Affidavit. Respectfully submitted, Heather S. Clouser, Paralegal Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 heather@*ohnkerrlaw.com Dated: August 28, 2009 Sworn and subscribed before me, a Notary Public, this 28`h day of August, 2009. COMMONWEALTH OF PE SYLVANIA Notarial Seal Katherine L. Gochenour, Notary Public Lower Allen Twp., Cumberland County My Commission Expires April 21, 2012 Member; Pennsylvania Assediation of Notaries Notary Public Y Lw Ofasd ohn M. err 5020 Ritter Road Suite 109 MCChardCSbUrg, PA 17055 Priom: 717.766.4005 FAx: 717.766.4066 USPS - Track & Confirm Page 1 of 1 -? UNITEDSTATES POSTAL SERVICE-. Home I Help I Sign In Track & Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7007 2680 0000 2362 7549 Status: Delivered Your item was delivered at 3:11 pm on June 26, 2009 in MECHANICSBURG, PA 17055. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. t Restore off inn Details > ? Return to UVIcany Home > Go > Site Map Customer Service roans Gov't Services Careers Privacy Policy Terms of Use Busuiess Customer Gateway Copyright(c) 2009 LISPS. All Rights Reserved. No FEAR Act EEO Data FO,A , ¦ Complete items t, 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. ¦ Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: -f)') T/) ?/ /v ya. Rao( /'7055 A. Signature X Agent Addressee B. Received by (Printed Name) C. Q ate otqq4pry Kn,z. ,Al/_ m- A ? D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type F?Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 4mYes 2. Article Number 7007 2680 0000 2362 7549 (Transfer from service labeq PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ; http://trkcnfrm l .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do T , olih ; Enter Label/Receipt Number. 8/28/2009 DEWAYNE E. MCCARDELL, Plaintiff V. KRISTEN L. MCCARDELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4240 CIVIL ACTION LAW IN CUSTODY COMPLAINT/PETITION TO MODIFY CUSTODY ORDER Y L" (maw Of o tul M. err 5020 Ritter Road suite 109 Medw9 sbing. PA 17055 Pliom: 717.766.4008 FAx: 717.766.4066 AND NOW, comes the Plaintiff, Dewayne E. McCardell, by his attorney, John M. Kerr, Esquire, and files the within Complaint/Petition To Modify Custody Order, the nature of which is as follows: 1. Plaintiff Dewayne E. McCardell (hereinafter, "Father") resides at 27 Pine Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Kristen L. McCardell (hereinafter, "Mother"), resides at 526 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Father seeks primary physical custody and shared legal custody of the following child: Name Present Residence D.O.B. Alissa M. McCardell 526 West Simpson Street August 14, 2008 Mechanicsburg, PA 17055 The child was not born out of wedlock. 4. On August 4, 2009, the Honorable M.L. Ebert, Jr., Judge of the Court of Common Pleas, entered a Custody Order, which is appended to this Complaint/Petition. 5. The child is presently in the custody of Mother who is resides at 526 West Simpson Street, Mechanicsburg, Pennsylvania 17055. 6. During the past five years, the child has resided with the following persons and at the following addresses: Names Residences Dates Kristen L. McCardell 526 West Simpson Street 8/09-present Kelly McKernan Mechanicsburg, PA 17055 Kristen L. McCardell 1204 Brandt Road 5/29/09- 8/09 Mechanicsburg, PA 17055 Kristen L. McCardell 27 Pine Street 8/14/08 -5/29/09 Dewayne E. McCardle Carlisle, PA 17013 7. The Mother of the child is Kristen L. McCardell, who is residing at 526 West Simpson Street, Mechanicsburg, PA 17055. She is married. 8. The Father of the child is Dewayne E. McCardell, residing at 27 Pine Street, Carlisle, PA 17013. He is married. 9. The relationship of the Mother to the child is that of mother-child. The child is currently living with the mother. 10. The relationship of the Father to the child is that of father-child. 9 0)=. err 5020 Ritter Road Suite 108 Mechanicsburg. PA 17055 Prone: 717.766.4008 FAx: 717.766.4066 11. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, have been named as parties to this action. 12. The best interests and permanent welfare of the child will be furthered by granting primary physical custody and shared legal custody to Father because: a) Mother has taken the child out of daycare - without consulting Father - and refused to permit Father to exercise partial custody rights during daytime hours; instead having the child cared for by a paramour unknown to Father; b) when Father inquired as to who was caring for his daughter, Mother retaliated by calling the police and alleging a violation of the existing PFA; c) since the Mother left the marital residence, the child has been constantly ill as a result of i) Mother smoking in the presence of the child or exposing her to secondary smoke; and ii) Mother keeping her in a daycare located in an unfinished basement which included no floor coverings; no thermal wall insulation or drywall; and having an entrance and exit through a garage with cold air drafts from the outdoors; d) Mother has been negligent in her care for the child by i) not feeding or bathing her sufficiently, including having unrelated third parties feed her in place of the Mother; and ii) allowing - through inattention -the child to suffer brush burns on her stomach; severe diaper rashes; scratches on her body; and red marks on her face; and e) Mother suffers from hypoglycemia, which caused her to black out three times since January, 2009 while the child was in her care, resulting in a safety danger for the child. WHEREFORE, the Plaintiff/Father requests that the Court: a) order a custody evaluation to assist it by recommending an appropriate custodial arrangement; and b) grant primary physical custody and shared legal custody to him. Respectfully submitted, Tarr Oda of 10) err 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 Pwom: 717.766.4008 FAx: 717.766.4066 44 YX, gw J hn M. Kerr, Esquire I. D. #26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: September 14, 2009 VERIFICATION The undersigned, Dewayne McCardell, hereby states that he is the Plaintiff in the foregoing Complaint To Modify Custody and, as such, is authorized to execute this Verification, and that any factual statements contained in the preceding "Complaint To Modify Custody" are true and correct to the best of his knowledge, information and belief. He understands that any false statements are subject to the penalties prescribed at 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. L% ?. 'ro Dewayne McCardell AUG 0 3 2009 ? DEWAYNE E. MCCARDELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-4240 CIVIL ACTION LAW KRISTIN L. MCCARDELL, IN CUSTODY Defendant ORDER OF COURT AND NOW this _ L% day of August 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Dewayne E. McCardell, and the Mother, Kristin L. McCardell, shall have shared legal custody of Alissa M. McCardell, born 08/14/2008. 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 her 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: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing August 1, 2009, Father shall have physical custody of Alissa on alternating weekends from Saturday 10:00 am until Sunday 9:00 pm. b. In the absence of agreement otherwise, the parties shall exchange custody at the Target Store in Carlisle, PA C. The parties are authorized to have physical contact, or be in the presence of each other, for custodial exchange purposes as long as the contact is harmonious. The parties are further authorized to have communication between each other as long as the communication strictly regards custodial issues with Alissa. Contact or communication pursuant to this paragraph shall be deemed to not constitute a violation of the current PFA. d. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. Neither party shall utilize corporal punishment as a form of discipline for Alissa. 4. Neither party shall smoke in confined places, including but not limited to vehicles and residences, when the Child is present. 5. Holidays: The parents shall arrange the holiday schedule as mutually agreed. In the absence of agreement, the parties shall adhere to the schedule as attached. On the Child's birthday, the non-custodial parent shall have two hours of physical custody. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. A status update conference with the assigned conciliator is hereby scheduled for February 02, 2010 at 9:00 am at the Court of Common Pleas, Carlisle, PA 17013. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Distribution: John Kerr, Esquire Mary Dissinger, Esquire John J. Mangan, Esquire TRUE COPY FROM RECORD, In Tammy v e mf, ! onto set my ha,*, fPd of said 2+ M atmis, N T at-jF9J e72 i1: HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS Easter Da 1St Half n From 9 am until 3 m YEARS Father YEARS Mother Easter Day 2 Half From 3 m until 9 m Mother Father am until .9 m Mother Father Independence am until 9 m Father Mother Labor Da y - am until 9 m Mother Father ne hour before trick or Father Mother to one hour after trick or treating 7 ! s F am Thanksgiving Day to 2 Father Mother hanks 'vin Day pm on Thanksgiving Day to Mother Fathe ! e day after Thanks 'vin Da r n on on 12/24 to noon on Father Mother Christma s 2" Half From noon on 12/25 to noon on Mother Father 12/26 : New Year's From 6 pm 12/31 until noon January t Mother Father 1 s (with the 12/31 year to control the even/odd determination) MoDay From 9 am until 9 m Mother Faa y From 9 a m until 9 pm Father F DEWAYNE E. MCCARDELL, Plaintiff V. KRISTIN L. MCCARDELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-4240 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alissa M. McCardell 08/14/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on July 28, 2009 with the following individuals in attendance: The Mother, Kristin McCardell, with her counsel, Mary Dissinger, Esq. The Father, Dewayne McCardell, with his counsel, John Kerr, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 7/3// Date John J. M anty re Custody Co RX-OF t OF THE ARY 2009 SEP 14 AN2 e, ctupvl` $ 70. 6d p d eg-, lie or- aA / 6-gy' 0 DEWAYNE E. MCCARDELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-4240 CIVIL ACTION LAW KRISTEN L. MCCARDELL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, September 23, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 27, 2009 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ 0& . Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILED- OF ?HE } ?;CRY 2009 SEP 23 Ph 3: ?; ., NOV 0 2 2009 DEWAYNE E. MCCARDELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-4240 CIVIL ACTION LAW KRISTIN L. MCCARDELL, IN CUSTODY Defendant Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT AND NOW this 60t-, day of November 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled onAhe - g iv'day of Ytso^41, _ , 2010 at a&V am/fm in Courtroom numberyin the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, Dewayne E. McCardell, and the Mother, Kristin L. McCardell, shall have shared legal custody of Alissa M. McCardell, born 08/14/2008. 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 her 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. 4. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing August 1, 2009, Father shall have physical custody of Alissa on alternating weekends from Saturday 10:00 am until Sunday 9:00 pm. b. In the absence of agreement otherwise, the parties shall exchange custody at the Target Store in Carlisle, PA. Third parties who accompany either parent shall remain their respective vehicles for the exchanges. C. The parties are authorized to have physical contact, or be in the presence of each other, for custodial exchange purposes as long as the contact is harmonious. The parties are further authorized to have communication between each other as long as the communication strictly regards custodial issues with Alissa. Contact or communication pursuant to this paragraph shall be deemed to not constitute a violation of the current PFA. d. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 5. Neither party shall utilize corporal punishment as a form of discipline for Alissa. 6. Neither party shall smoke in confined places, including but not limited to vehicles and residences, when the Child is present. 7. Holidays: The parents shall arrange the holiday schedule as mutually agreed. In the absence of agreement, the parties shall adhere to the schedule as attached. On the Child's birthday, the non-custodial parent shall have two hours of physical custody. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, J. Distribution: LJzfin Kerr, Esquire Dissinger, Esquire V, A` J. Mangan, Esquire V\ FLE" .r: , ^r UHF I V: ; 4Y 20 99 ['O' -9 F 3: t 0 HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1St Half From 9 am until 3 pm Father Mother Easter Day 2" Half From 3 pm until 9 pm Mother Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Day Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm Father Father DEWAYNE E. MCCARDELL, Plaintiff V. KRISTIN L. MCCARDELL, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-4240 CIVIL .ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alissa M. McCardell 08/14/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on July 28, 2009, an Order was issued August 4, 2009 and a conciliation conference was held October 27, 2009 regarding Father's petition to modify with the following individuals in attendance: The Mother, Kristin McCardell, with her counsel, Mary Dissinger, Esq. The Father, Dewayne McCardell, with his counsel, John Kerr, Esq. 3. Father's position on physical custody is as follows: Father indicates that he would like primary, or at least shared, physical custody of the minor Child. Father had concerns about the Child's day care provider and the environment in which Alissa was exposed to at the day care. Father has concerns about Mother smoking in the presence of the Child and general hygiene, nutrition and safety concerns when the Child is in Mother's care. Father thinks that a custody evaluation may be beneficial to the instant matter. Father indicates that he is equally, if not better, able to care for the Child as Mother is. 4. Mother's position on custody is as follows: Mother indicates that she would like primary custody of the Child and would like the status quo to remain in place. Mother currently only works one to two days per week and is able to provide day care for the Child. Mother has removed Alissa from her previous day care pursuant to Father's request. Mother indicates that Father's work schedule makes it nearly impossible for Father to have shared custody. Father works Monday through Friday from 3:00 pm until 3:00 am. Mother had offered to increase Father's custodial time to three weekends per month from Saturday 10:00 am until Monday 2:00 pm and every Wednesday from 10:00 am until 2:00 pm, but Father refused this schedule. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. rv Date John JAvh4?uire , EsCusto iato MARRIAGE SETTLEMENT AGREEMENT By and between DEWAYNE E. MCCARDELL AND KRISTEN L. MCCARDELL Dated: November 23, 2009 uw Orsa ?t ohn M.?err 5020 Ritter ROad suite 108 MechWICSbOrg, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this 16`h day of November, 2009, by and between Dewayne E. McCardell (hereinafter, "Husband") and Kristen L. McCardell (hereinafter, "Wife") at Mechanicsburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife, having been married on December 31, 2004 in Lake Raystown, Pennsylvania; and WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other; and WHEREAS, the parties formally separated on May 29, 2009. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings Yo=.;!err 5020 Ritter Road suite 109 MedMMCSburg, PA 17055 Priom: 717.766.4008 FAx: 717.766.4066 hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Upon execution of this Agreement, the parties agree to sign the appropriate Consents and Waivers of Notice and to forward the same to Husband's counsel, who will deliver the transcript of the record to the Cumberland County Prothonotary and finalize the divorce. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Reconciliation will not void the provisions of this Agreement. 2. Effect of Divorce Decree. This Agreement shall continue to be effective after the entry of a L" Offi of ohn M. err 5020 w. . Road "e tog McChafliCSWN, PA 17055 PHoNE: 717.766.4008 FAx: 717.766.4066 Final Decree in Divorce between the parties. 3. Agreement To Be Incorporated in Final Divorce Decree. This Agreement shall be incorporated, but not merged with, any Divorce Decree which may be entered. The Court of Common Pleas, Cumberland County, Pennsylvania shall retain continuing jurisdiction over the parties and the subject matter for the purpose of enforcement of any of its provisions. 4. Date of Execution/Effective Date. The date of execution of this Agreement shall be the day when the party last signing has done so. This Agreement shall become effective and binding upon the parties once same is signed by both parties. S. Division of Property/Satisfaction of Marital Property Rights. The parties agree to the following equitable distribution of marital property: A. Husband is the sole owner of the property located at 27 Pine Street, Carlisle, Pennsylvania 17013, which served as the marital home. He agrees to refinance the Mortgage and Note on this property in his name only and, consequently, to remove Wife's name from any debt instruments remaining in effect. He agrees to accomplish said refinancing within ninety (90) days of execution of this Agreement. In the event this does not occur, Husband agress to list the property for sale. Husband agrees to make all payments on the existing Mortgage and Note prior to refinancing. Wife acknowledges that she has no interest in this property which was acquired prior to the marriage by Husband and, accordingly, relinquishes and waives any and all rights in and to the marital residence titled to Husband. B. Husband agrees that Wife is entitled to the following items of personal property, which have been delivered to her residence. Wife acknowledges the receipt of the following: 1. Folding lawn chair; 2. Stereo in garage; 3. Tackle box; 4. 3 fishing poles ; 5. Tool box; 6. Crock pot; 7. Knife set; 8. Stuffed animals; 9. Board games; 10. Nicknacks; 11. Small television with remote; 12. Meat grinder; 13. Beer can chicken holders; 14. Battery/software for digital camera; A=.err 5020 Ritter Road Suite 108 Mechanicsburg. PA 17055 Ptiorte: 717.766.4008 FAx: 717.766.4066 15. Deep freezer; 16. Blue and white cooler; 17. Humidifier; 18. Totes; 19. 3 spring form pans; 20. Kristen McCardell's mail; 21. 50% of refund from 2008 joint income tax return ( $384.52). Wife acknowledges that she has received said funds ($384.52) and relinquishes any right or interest in the remaining funds. C. Wife agrees that Husband is entitled to the following items of personal property, which have been provided to Husband. Husband acknowledges receipt of the following: 1. Ring & Receipt; 2. (2)Chain saws; 3. Sweeper; 4. Cellular telephone; 5. 50% of daughters pictures; 6. 100.00, representing a refund of daughter's savings account; 7. 50% of refund of 2008 joint income tax return ( $384.52). Husband acknowledges that he has received said funds ($384.52) and relinquishes any right or interest in the remaining funds. D. All personal property in the possession of each party as of the date of execution of this Agreement, except as identified at paragraph 5 B & C above, shall remain the sole and separate property of each party, respectively. E. Husband acknowledges that he has transferred title to Wife of the 2005 Kia Sorento. He relinquishes any right or interest in said vehicle. F. Wife acknowledges that she has transferred title to Husband of the Boat & Boat Trailer. She relinquishes any right or interest in said items of personal property. G. Husband has in his possession a tractor purchased on May 7, 2009. Wife relinquishes any claim as to this tractor. H. Husband maintains a 401-K retirement plan/savings through his employment at UPS Freight. Uwo?ce? ohn M.?err 5020 Rine' Road Suite 109 Med1MCSbU'$. PA 17055 PHors: 717.766.4008 FAx: 717.766.4066 He shall be entitled to retain all funds in said account, and Wife renounces any claim to said 401-K Plan. 1. Husband also maintains an IRA retirement plan/savings. He shall be entitled to retain all funds in said account, and Wife renounces any claim to said IRA Plan. 1. As of the date of separation, the parties' cash accounts were as follows: Members VY - Checking - owned by Husband - $898.86 (as of 5/24/09) Members Vt - Savings - owned by Husband - $2,105.00 (as of 5/24/09) Members 1" - Savings - jointly owned by Husband & Wife - $5.00 (as of 5/24/09) Members 1' - Checking -jointly owned by Husband & Wife - closed 5/13/09 Patriot Federal - Savings - owned by Husband - $4,005.00 (as of 5/24/09) Wife renounces any claim as to any of the balances in these accounts. K. Each of the parties specifically acknowledge that they do not have any other assets other than the ones described above. 6. Equitable Distribution of Property. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. 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 effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 7. Relinquishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 8. Alimony. Both parties agree to waive any right to alimony following entry of a divorce Law Office of ohn M.?err 5020 Ritter Road suite 109 Mechanicsburg. PA 17055 Pwow 717.766.4005 FAx: 717.766.4066 decree. In addition, the parties agree to cancel the Hearing scheduled for December 7, 2009 before the Cumberland County Support Master, Michael Rundle, Esquire and Wife agrees to withdraw any claim for spousal support or alimony pendent lite. 9. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 10. 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 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, and bank accounts. Each party expressly states that it is his or 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. 11. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will, at his or her own expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting there from. 12. General Provisions. This Agreement constitutes the entire understanding of the parties and YO5020 Ritter Road Suite !09 McChaniCSbUrg, PA 17055 Pi4om: 717.766.4008 FAx: 717.766.4066 supersedes any and all prior agreements and negotiations between them. There are no representations or warranties or oral agreements other than those expressly set forth herein. 13. Legal Counsel. Husband represents that the provisions of this Agreement and their legal effect have been fully explained by his counsel, John M. Kerr, Esquire. Wife similarly represents that her counsel, Mary Etter Dissinger, Esquire has fully explained the provisions of this Agreement and their legal effect. 14. Default or Breach. It is expressly stipulated that if either party defaults or is in breach of the material obligations of this Agreement, the other party shall have the right to sue for damages for breach thereof, or to seek specific performance, or to seek any other legal remedies that may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. All such actions shall be brought in the Court of Common Pleas, Cumberland County, Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year below written. Dew yne E. McCardell Witness It .23-09 (Date) Kristen L. McCardell Witness tl-a1-09 (Date) Gw Office of ohn M.?en 5020 Ritter Road Suite 108 McChaOlCSbur$. PA 17055 H-iorre: 717.766.4008 FAx: 717.766.4066 FfLED--O =10% OF THE P;.'',T'."1'l.;0TAPY 2009 P!0 V 24 AM 10: 4 5 VV'J'A DEWAYNE E. MCCARDELL, Plaintiff V. KRISTEN L. MCCARDELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4240 CIVIL CIVIL - DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 33010 OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 23, 2009. 2. The marriage of the plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: j I a?3-Oq Signature: ' f ??? Cif 4= ,? '? ;NARY 2009 NO 24 AM 10'. 4 DEWAYNE E. MCCARDELL, Plaintiff V. KRISTEN L. MCCARDELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4240 CIVIL CIVIL - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.§4904, relating to unsworn falsification to authorities. Date: / ) - a3` o9 C/ ?- Dewayne E. McCardell, Plaintiff OF T?tc PPOT? ,i IO7A IY 2004 N07 24 Ail 10: 4 5 !i ?y DEWAYNE E. MCCARDELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-4240 CIVIL CIVIL - DIVORCE KRISTEN L. MCCARDELL, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301© OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 23, 2009. 2. The marriage of the plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the 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 entry of the decree. 4. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: 11 ,a 3'0 Signature: d 1Wr [N&Xy RLED -'0 ; 2009 NOV 24 All 10: 4 5 NOV LVA VA I j DEWAYNE E. MCCARDELL, Plaintiff V. KRISTEN L. MCCARDELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4240 CIVIL CIVIL- DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. 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: I l'a3-0 9 ?i <aN of (a(-kaw Kristen L. McCardell, Defendant ALED-CH - f F OF TPE: FRC`T ar;,N-DTARY 2009 NOV 24 AM 10'. 4 5 l! DEWAYNE E. MCCARDELL, Plaintiff VS. KRISTEN L. MCCARDELL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 09-4240 CIVIL TERM PRAECIPE TO TRANSNUT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) (Strike out inapplicable section) 2. Date and manner of service of the complaint: certified Mail # 7 0 0 7 2 6 8 0 0 0 0 0 2 3 6 2 7 5 4 9 June 24, 2009 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 1 1/ 2 3/ 0 9 ; by defendant 11/23/09 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: 11/24/09 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: 11/24/09 ttorney for Plaintiff/13efendairt- FILED- Oi !CE OF THE PF;DTH,CNOTARY 2009 NOY 24 AM 10: 4 5 i E?. yr : -V, °If, DEWAYNE E. MCCARDELL, PLAINTIFF V. KRISTEN L. MCCARDELL, DEFENDANT : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 09-4240 CIVIL CIVIL- DIVORCE AND CUSTODY PRAECIPE TO WITHDRAW ALIMONY PENDENTE LITE Please withdraw the request of Defendant, Kristen L. McCardell for alimony pendente lite and cancel the hearing scheduled for December 7, 2009. The parties have reached a comprehensive agreement to be filed with the court and incorporated in a final decree of divorce if the agreement has not already been filed by Plaintiff's Counsel. Mary A.-fitter Dis finger Attorney for Plaintiff Supreme Court ID 27736 28 N. 32nd Street Camp Hill, PA 17011 (717)975-2840 (717)975-3924 - fax cc: John M. Kerr, Esquire Kristen L. McCardell `3 k t 4 t -?o bp--C) KRISTEN L. MCCARDELL, Plaintiff V. DEWAYNE E. MCCARDEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 555110931 DOCKET NO. 501 SUPPORT 2009 DEWAYNE E. MCCARDELL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION KRISTEN L. MCCARDELL, :PACSES NO. 266111030 Defendant/Petitioner: DOCKET NO. 09-4240 CIVIL ORDER OF COURT AND NOW, this 25th day of November, 2009, this matter having been scheduled for a hearing de novo before the Support Master on the Wife's complaint for spousal support and the Wife's petition for alimony pendente lite, and the parties having reached and agreement on all outstanding issues, upon recommendation of the Master it is ordered and decreed as follows: A. The Wife having withdrawn her complaint for spousal support, the Master's hearing scheduled for December 7, 2009 is canceled. B. The Wife having withdrawn her complaint for alimony pendente lite, the Master's hearing scheduled for December 7, 2009 is canceled. C. The interim order of child support entered July 24, 2009 is affirmed as a final order. By the Court, ~`~~ M. L. Ebert, Jr., J. Cc: Kristen L. McCardell Dewayne E. McCardell Mary A. Etter Dissinger, Esquire For the Wife John M. Kerr, Esquire For the Husband DRO/dch "~~~-'i - ~. ~ ;~_ .. ~Uilti?~:..' ~. .~ + ~tini~sf~ DEWAYNE E. MCCARDELL, PLAINTIFF V. KRISTIN L. MOORE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4240 CIVIL ORDER OF COURT AND NOW, this 9th day of December, 2010, the Court having been provided with a copy of the Custody Evaluation Report requested at the last hearing of this matter on March 26, 2010, and Plaintiff having requested completion of the custody hearing which began on March 26, 2010, IT IS HEREBY ORDERED AND DIRECTED that the conclusion of this hearing will be scheduled for Monday, February 28, 2011, at 9:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, John M. Kerr, Esquire Attorney for Plaintiff Mary A. Dissinger, Esquire Attorney for Defendant bas l.. Iles, e7l? t u a./rolro M. L. Ebert, Jr., J. ?y 0 o-n :ic 2: C-) ?: E FILED-OFFICE n m DEC 28 PM 2' ~ Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID #27736 28 N. Thirty-Second Street Camp Hill, PA 17011 (717) 975-2840 (717) 975-3924 -fax DEWAYNE E. MCCARDELL, PLAINTIFF V. KRISTEN L. MCCARDELL, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4240 CIVIL CIVIL- DIVORCE AND CUSTODY MOTION FOR LEAVE TO WITHDRAW APPEARANCE And now comes Petitioner, Mary A. Etter Dissinger, Esq., and requests this Honorable Court grant her Petition for Leave to Withdraw Appearance as counsel for Plaintiff, and in support thereof avers as follows: 1. Petitioner is Mary A. Etter Dissinger, Esq., counsel for Defendant in the above matter. 2. The Honorable Judge M. L. Ebert has been assigned to this case and conducted one full day of hearing in this matter with a second day scheduled for February 28, 2011. 3. It is the desire of the Defendant to proceed pro se. (See copy of letter from Defendant to Petitioner attached as Exhibit A.) 4. It is not Petitioner's nor Defendant intention to delay or disrupt proceedings in the above matter. 5. Plaintiff's counsel has been made aware, via fax, of Petitioner's intention to file this Motion, and counsel for Plaintiff does ,r<t object/iTas Wherefore, Petitioner respectfully requests this Honorable Court grant her Motion for Leave to Withdraw. Respectfully Submitted DISSINGER AND DISSINGER otter , Vary A. letter Dissinger Attorney for Plaintiff Supreme Court ID #27736 28 N. Thirty-Second Street Camp Hill, PA 17011 (717) 975-2840 (717) 975-3924 -fax I c w ho In i t?Gt y C o n CP n ,?r - i cj c% I Con'- o fforCj par,/ 011t,-qor- 3v repre5o n?z ;any longor• o,,5 my caunse I of record. Z w1,5h ro jrepresonl rnysei-c onc/ as R, Y/io' Mary i?, ssrn?Pr o+io n z? vet i N dra ?t1 G S _ M Ci io r r? y h I 1,)onl? c o r--r- EXHIBIT DEWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-4240 CIVIL KRISTEN L. MCCARDELL, CIVIL- DIVORCE AND CUSTODY DEFENDANT CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esq., do hereby certify that a copy of the foregoing document has been duly served upon John M. Kerr, Esquire, attorney for Plaintiff by facsimile, and upon Defendant, Kristen L. Moore, by depositing same in the United States Mail, postage prepaid, addressed as follows: John M. Kerr, Esq. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 AND Kristen L. Moore 526A West Simpson Street: Mechanicsburg, PA 17055 Date: ? I/ U r?- Mary A Etter Dissinger, sq. ol` DEC 2 9 2010 • ...... -r ,.. 4 ?U M8ERLANG? PENNSYL'#', DEWAYNE E. MCCARDELL, PLAINTIFF V. KRISTEN L. MCCARDELL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C--) ?,, 177 NO. 09-4240 CIVIL C MOD ?' - CIVIL- DIVORCE AND CUST(VF ?m < C} " C7 ORDER And now this L1% day of Dissinger, Esquire's Petition GRANTED. lot, j293'0, Mary A. Etter for Leave to Withdraw is hereby By the Court: vf? 14 J. Distribution: Mary A. Etter Dissinger, Esquire - 28 North 32nd Street, Camp Hill, PA 17011 V John M. Kerr, Esquire - 5020 Ritter Road, Suite 109, Mechanicsburg, PA 17055 V Kristen L. Moore - 526A West Simpson Street, Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEWAYNE E. MCCARDELL 2009-4240 CIVIL ACTION - LAW Plaintiff VS. IN CUSTODY KRISTEN L. MCCARDELL MOORE Defendant --J m cn r c-n ENTRY OF APPEARANCE -- CD = .? to TO THE PROTHONOTARY OF SAID COURT: Kindly enter the appearance of Stephen R. Maitland, Esquire, on behalf of the defendant Kristen Moore in the above-captioned matters. 'MkLt Ptephen R. Maitland PA Sup. Ct. ID No. 204853 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther St. Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 DEWAYNE E. McCARDELL, Plaintiff V KRISTEN L. MOORE, Defendant IN RE: CUSTODY HEARING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-4240 CIVIL TERM CIVIL ACTION-LAW ORDER OF COURT AND NOW, this 28th day of February, 2011, after completion of testimony in the above-captioned matter, IT IS HEREBY ORDERED AND DIRECTED that the parties shall submit on or before March 16, 2011, a proposed Order providing for a more balanced time period with each particular parent, which could include a parenting plan and the use of a parenting coordinator. By the Court, M. L. Ebert, Jr., J. V John M. Kerr, Esquire - ---•j For the Plaintiff 1 i"? t/ h =x Step en R. Maitland, Esquire vim{ ti." For the Defendant :mtf Copies m1led i_ DEWAYNE E. MCCARDELL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLSPAIA -n rn- V. -u tlfr W z ° .© C) I KRISTIN L. MOORE, r- DEFENDANT NO. 09-4240 CIVIL *° i o-n ao c:)? ORDER OF COURT q AND NOW, this 28th da y of March, 2011, upon consideration of the Plaintiff's Petition to Modify Custody and after hearing in this matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. LEGAL CUSTODY: The Mother, Kristin L. Moore, and the Father, Dewayne E. McCardell, shall enjoy shared legal custody of Alissa McCardell, (date of birth: August 14, 2008). Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party shall not impair the other party's rights to shared legal custody of the child. Each party shall not alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to either parent. With regard to any emergency decisions that must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. PHYSICAL CUSTODY: A. Mother shall have primary physical custody of the child. B. Father shall have partial physical custody of the child beginning at 9:00 a.m. on Saturday until 12:00 noon on Monday for the first, second, and third weekends of each month. C. Summer Vacation: Father shall have primary physical custody of the child for a 2 week uninterrupted period during June, July or August of each year. Father will give Mother written notice of the dates for the summer vacation on or before May 1 of each year. The period of summer vacation shall coincide with one of the Father's normal weekend custody period. D. Holidays: The parents may arrange a mutually agreed upon holiday schedule. In the absence of agreement, the parties shall adhere to the schedule attached. E. Child's Birthday: The non-custodial parent shall have physical custody of the child for a period of 3 consecutive hours on the child's birthday beginning at 12:00 noon or for another period mutually agreed upon by the parties. 3. COUNSELING: Mother shall obtain a counselor for out-patient psychotherapy. A copy of Dr. Casey Shienvold's custody evaluation dated December 3, 2010, shall be provided to the counselor. The counselor shall provide this Court with a monthly update as to Mother's attendance at counseling and the Counselor's recommendations as to the need for continued therapy. Mother shall provide the name of her counselor to the Court within 30 days of the date of this order. 4. PARENTING CLASSES: Both Mother and Father shall enroll in and successfully complete the positive parenting class and the co-parenting class at Alternative Behavior Consultants located at 224 South Hanover Street, Carlisle, PA 17013 (717-241-6870). Each parent shall provide the Court with proof of attendance on or before June 30, 2011. Each parent shall pay their own tuition. 5. PARENT COORDINATION: The parties will not be required to participate in Parent Coordination at this time and will be given an opportunity to voluntarily utilize the lessons they learn after attending their required parenting classes. However, should the parties fail to cooperate in parenting their child, a coordinator will be appointed to their case and each party will be required to pay a sum to be set by the Court into escrow for the cost of the coordinator. 6. PARENT COMMUNICATION: The parents will communicate with each other in a civil manner by any means necessary to facilitate good parenting. Accordingly, the no contact letter previously issued by Father to Mother will not apply to legitimate communications between the parties regarding their child. Should either party abuse this provision of this order for any purpose not related to the child, to include harassment, that party will be subject to indirect criminal contempt. 7. EXCHANGE POINT: The parties shall exchange custody at the Sheetz Convenience Store located at 1900 Ritner Highway, Carlisle, PA (intersection of Route US 11 and Allen Road). The parties may have competent adults accompany them or substitute for them at the exchange. 8. TELEPHONE COMMUNICATION WITH THE CHILD: As the child increases her conversational ability, telephone contact between the child and the non-custodial parent shall be reasonable and liberal. Failure to allow and to facilitate such contact shall be grounds for sanctions. 9. INTOXICANTS: Neither party may use alcohol to the point of intoxication or illegal drugs immediately before or during their period of physical custody. 10. SMOKING: Neither party shall smoke in confined places, including but not limited to vehicles and residences, when the child is present. 11. NONALIENATION: Neither party may say or do anything nor permit a third party to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. It is specifically directed that neither party shall disparage the other party's significant other in the presence of the child. Additionally, it is specifically directed that the parents are not to embroil the child in the acrimonious relationship between the parents. The parents are not to involve or influence the child in regard to negative inferences/statements against the other parent. 12. MODIFICATION: The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. By the Court, M. L. Ebert, Jr., J. John M. Kerr, Esquire Attorney for Plaintiff ? MQ,ile? Stephen R. Maitland, Esquire eppo Attorney for Defendant 3r?lp? bas HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1 Half From 9 am until 3 m Father Mother Easter Da 2" Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1 St Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2n half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 m Mother Mother Father's Day I From 9 am until 9 m Father Father DEWAYNE E. MCCARDELL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTIN L. MOORE, DEFENDANT NO. 09-4240 CIVIL ORDER OF COURT AND NOW, this 21St day of June, 2011, upon receipt of the recommendation of Philip Sowders, Outpatient Therapist at Franklin Family Services, that Kristin L. Moore has successfully completed her psychotherapy; IT IS HEREBY ORDERED AND DIRECTED that Kristin L. Moore will no longer be required to attend outpatient psychotherapy. By the Court, vf? et ?d M. L. Ebert, Jr., 0 J. /ohn M. Kerr, Esquire Attorney for Plaintiff Stephen R. Maitland, Esquire Attorney for Defendant bas (4 co r "; C7 Q C N CD f a ., ? DEWAYNE E. MCCARDELL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTIN L. MOORE, DEFENDANT NO. 09-4240 CIVIL ORDER OF COURT AND NOW, this 8th day of March, 2012, IT IS HEREBY ORDERED AND DIRECTED that a status conference in this matter will be held on Thursday, April 12, 2012, at 8:30 a.m. in chambers of Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, . %ktWV M. L. Ebert, Jr., J. John M. Kerr, Esquire Attorney for Plaintiff Stephen R. Maitland, Esquire ?7 na Attorney for Defendant MCO ,f= bas 4n C'S' C? - > DEWAYNE E. MCCARDELL IN THE COURT OF COMMON Plaintiff PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-4240 CIVIL ACTION LAW KRISTEN L. MOORE Defendant IN CUSTODY (JUDGE EBERT) ORDER OF COURT AND NOW, in accordance with the Stipulation entered into by the parties, the Court's prior custody Order of March 28, 2011 is amended as follows: 1. Vacation. Father shall have primary physical custody of the child for a two (2) week uninterrupted period each year. 2. Child's Birthday. Father shall have custody of the Child for vacation during a period coinciding with her birthday in August, 2012. Mother shall have physical custody of the child for her birthday in calendar years 2013 and 2014. Father's vacation time with the child shall not coincide with her birthday during 2013 and 2014. 3. Special Events. In the event of family (either on mother's side or father's side) funerals, weddings, or graduations, during which time the parent having physica' custody chooses not to attend, the non-custodial parent may exercise temporary physical custody, provided reasonable notice has been given to the custodial parent. If such special events occur during a weekend when Father has partial physical custody, make-up time shall be furnished to Father as agreed to by the parties. For the purpose of this section, "family" includes relatives by both blood and marriage. BY THE COURT: J. Distribution: ? John M. Kerr, Esquire, 5020 Ritter Road, Suite 104, Mechanicsburg PA 17055 Stephen R. Maitland, Esq., 421 Cherokee Drive, Mechanicsburg PA 17050 .m m __z f DEWAYNE E. MCCARDELL IN THE COURT OF COMMON Plaintiff PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-4240 CIVIL ACTION LAW KRISTEN L. MOORE Defendant IN CUSTODY (JUDGE EBERT) STIPULATION TO MODIFY CUSTODY We, the undersigned parties to the above-captioned Custody Order, do stipu and agree to the following changes to the existing custody order: 1. Vacation. Father shall have primary physical custody of the child for a two (2) week uninterrupted period each year. 2. Child's Birthday. Father shall have custody of the Child for vacation during a period coinciding with her birthday in August, 2012. Mother shall have physical custody of the child for her birthday in calendar years 2013 and 2014. Father's vacation time with the child shall not coincide with her birthday during 2013 and 2014. 3. Special Events. In the event of family (either on mother's side or father's side) funerals, weddings, or graduations, during which time the parent having physica custody chooses not to attend, the non-custodial parent may exercise temporary physical custody, provided reasonable notice has been given to the custodial parent. If such special events occur during a weekend when Father has partial physical custody, make-up time shall be furnished to Father as agreed to by the parties. For the purpose of this section, "family" includes relatives by both blood and marriage. Respectfully submitted: Kd mwgt Kristen L. Moore Dewayne E. McCardell Date: August 2, 2012 o2M.err 5010 Ricer Road Suite 109 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAX: 717.766.4066 JOHN M. KERR, ESQUIRE ATTORNEY I.D. #26414 JOHN KERR LAW, P.C. 5010 RITTER ROAD SUITE 109 MECHANICSBURG, PA 17055 (717) 766-4008 (717) 766-4066 (fax) john@johnkerrlawpc.com DWAYNE E. MCCARDELL, Plaintiff/Petitioner v. KRISTEN L. MOORE, Defendant/ Respondent r l.,.E J -OI i' lCi THE PROTHONU 2 iii MAY 28 Phi I : 08 CUMBERLAND COUNTY. PENNSYLVANIA I : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : 09-4240 CIVIL TERM : CIVIL ACTION - LAW : PRIOR JUDGE: M.L. EBERT, JR. PLAINTIFF FATHER'S PETITION FOR EMERGENCY OR SPECIAL RELIEF AND NOW, comes Dwayne E. McCardell, Plaintiff/Petitioner above -captioned, by his counsel, John M. Kerr, Esquire and John Kerr Law, P.C., pursuant to Rule 1915 of the Pennsylvania Rules of Civil Procedure, and files the within Petition For Emergency or Special Relief, the nature of which is as follows: PARTIES 1. Petitioner is Dwayne E. McCardell (hereinafter, "Father"), an adult individual who resides at 27 Pine Street, Carlisle, Pennsylvania 17013. 2. Respondent is Kristen L. Moore (hereinafter, "Mother"), an adult individual presently residing at 30 Pine Street, Carlisle, Pennsylvania. *$3 ooPd 11fJ C#,390 ,2,� 306 V7s M. err `M� Lew ome f ohn ......... 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 STATUTORY ALLEGATIONS 3. The parties are the natural parents of the following minor child: Alissa M. McCardell, born August 14, 2008 (hereinafter, "the Child"). 4. The child was not born out of wedlock. 5. There is a current Custody Order, entered March 28, 2011, by the Honorable M.L. Ebert, Jr., (see, Exhibit "A,"appended to this Petition, copy of said custody order). 6. Since the time of the last custody order, the Child has resided at the following addresses and with the following individuals: Namefsl Address Time Periods Kristen Moore Alan Cromer Kristen Moore Mike Merrick 180 Quarry Hill Road 03/11-04/14 Shippensburg, PA 15257 30 Pine Street Carlisle, PA 17013 04/14 -present 7. The Petitioner has not participated as a party or as a witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, except as set forth in the attached Order. 8. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 9. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. ^law Office of ohn M. err 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAX: 717.766.4066 SUBSTANTIVE ALLEGATIONS 11. The last Hearing in this custody matter occurred on February 28, 2011 before the Honorable M.L. Ebert, Jr. Since the date of that Hearing, newly discovered evidence has revealed that Kristen Moore manipulated the custody evaluation and lied under oath at the Hearing in order to obtain primary custody of the Child so as to continue receiving child support. MOTHER'S PERJURIOUS TESTIMONY AT 02/28/11 HEARING 12. At the time of the Hearing, Kristen Moore, mother of the child, represented that she was living in a committed relationship with Kelly McKernan, a military policeman employed by the federal government. 13. Although the custody evaluator, Dr. Kasey Shienvold, testified [in response to a question from the court] that it appeared that Kristen Moore was, instead, in an intimate relationship with 51 year-old Alan Cromer (N.T., 39, Is. 8-9), who was also her employer, both McKernan and Moore maintained that they were in a committed relationship. 14. Despite maintaining at the Hearing on February 28, 2011 that she lived in Mechanicsburg with McKernan, Kristen Moore completed an application for housing with Property Management, Inc. in Shippensburg thirteen days earlier (February 15, 2011), in which she represented that her "current" address was 180 Quarry Hill Road in Shippensburg — the home address of Alan Cromer (see, Exhibit "B," appended to this Petition, copy of housing application). 15. In fact, just days after the conclusion of the custody hearing, Mother admitted to maintaining an intimate relationship with Alan Cromer and living between the Property Management, Inc. HUD -subsidized housing and Cromer's home. Within a matter of weeks, she formally abandoned the HUD -subsidized housing and moved in with Cromer. Law ors of e ohn M. rr 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 PHONE: 717.766.4008 PAX: 717.766.4066 16. At the February 28, 2011 Hearing, Dr. Kasey Shienvold testified that if he were to discover that Mother was still maintaining a relationship with Alan Cromer, it might have affected the recommendations he made in his report (N.T., 26, Is. 18-24) ("[a]gain, it very well may. It more just raises questions about the nature of Ms. Moore's relationship with these various men and whether she was being manipulative in her relationships as a means to get her needs met"). He also agreed that if this were true, Scale L in her psychological testing could be read to mean "deceptive and manipulative" (N.T., 26-27,1. 25 & 1-5), 17. At the March, 2010 Hearing, another male friend of Kristen Moore testified on her behalf. Mike Merrick, in response to undersigned counsel's question, denied having any romantic desires relative to Kristen Moore which might influence his testimony. In fact, in April, 2014, Mother moved out of Alan Cromer's home and in with Mike Merrick, who she has lived with since. Merrick's home is across the street from Dwayne McCardell's home. 18. Indeed, Mother recently informed Alan Cromer that she and Merrick are contemplating marriage. MOTHER'S MISMANAGEMENT OF THE CHILD'S EDUCATIONAL NEEDS 19. During the period of time in which Mother lived with Alan Cromer, the Child attended Oak Flat School in the Big Springs School District. This current year, she was attending kindergarten at that school. 20. Despite Father's best efforts and in violation of the legal custody provisions embodied in paragraph 1 of the March, 2011 Order, Mother has refused to keep Father apprised of the Child's educational status. 21. Father was relegated to having undersigned counsel write to the principal of the Oak Flats Elementary School, Stacy Kimble, on September 6, 2013, as a follow-up to his meeting at the school in which he requested school records, homework, performance reports, and the like Law 0f& of ohn M. err 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 PHONE: 71 7.766.4008 FAX 717.766.4066 having to do with his Child's schooling. Specifically, he asked for copies of Alissa's schoolwork for Mondays -Wednesdays, plus assignments forecast for Thursdays and Fridays, mailed to his home, so that he would be prepared to work with the Child during his weekend periods of custody. Mr. McCardell's requests were not honored by the school. 22. From that time through the present, Mother routinely removes the Child's homework, etc. from her book bag so that Father is unable to see homework assignments, etc. 23. In the March/April time frame, Father met with the Child's teacher, Mrs. Shover, to discuss Alissa's progress in school. Mr. McCardell was informed that the Child was not doing well and that the school was recommending that she be held back and not moved forward to first grade. Mother was in favor of holding Alissa back, but Father wanted her to start first grade in the next school year. 24. Moreover, at this meeting with Mrs. Shover, she revealed to Father her suspicion that Mother was under the influence of drugs when present at the school with slurred speech and other manifestations of being under the influence. Mrs. Shover contacted the Guidance Department at the school who, in turn, referred Mother to Cumberland County Children & Youth Services. 25. Nevertheless, neither parent's wishes could be implemented because Mother abruptly — and without Father's concurrence in violation of paragraph 1 of the Custody Order — removed the Child from the Big Springs School District and enrolled her at Rice Elementary in the Boiling Springs School District. 26. At this new elementary school, one of the requirements is that the student keep a "book log of books which the parent reads to the child. Mother reported that she read a book to Alissa which, as it turned out, she did not and fraudulently represented the opposite to the school teacher. 2Lw Office of ohn M.ierr 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAX: 717.766.4066 27. In early May, the Child's teacher, Mrs. Wickard, questioned whether Alissa did certain homework, because it was in handwriting which was clearly not Alissa's. On May 8, 2014, Mrs. Wickard questioned the Child, who reported that "Mommy did it." Mr. McCardell was informed of this fact on May 14, 2014. MOTHER'S DRUG ISSUES 28. Father has been informed by a previous paramour of Mother's that she suffers from serious problems involving abuse of prescription medication. 29. In the early Fall of 2013, Mother was prevented from driving away with her child in Alan Cromer's Chevy Blazer because she had been drinking and was readying to take prescription pain medication. She became irate and telephoned the police. The police did not permit her to drive but, instead, she called her current paramour, Mike Merrick, who came to get her and the child. 30. Father is informed that Mother uses various physicians and pharmacies to obtain prescription medication, which she abuses. 31. This is made all the worse because Mother carries a hand gun with her. In fact, on February 16, 2012, she drew her gun on an elderly woman at the Sheetz convenience store in Newville, Pennsylvania. FATHER'S REQUEST FOR PRIMARY LEGAL AND PHYSICAL CUSTODY 32. Father has made arrangements for child care should he be granted primary physical and sole legal custody. He maintains that the foregoing demonstrates that Mother is unable to care for the Child's essential needs. WHEREFORE, it is requested that the Court grant emergency physicaland|ega\ custody to Father, Dwayne McCardell, pending hearing on this matter. Dated: May 28, 2014 Lew Offwe ohn M. ~50.vRitter Row Suite 109 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAX: 717.766.4066 Respectfully submitted, n . Kerr, Esquire John Kerr Law. P.C. 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 z.P DEWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLLZARIA -aZ — from V. KRISTIN L. L. MOORE, -<> r-= DEFENDANT : NO. 09-4240 CIVIL ORDER OF COURT zo. AND NOW, this 28th day of March, 2011, upon consideration of the Plaintiff's Petition to Modify Custody and after hearing in this matter, IT Is HEREBY ORDERED AND DIRECTED that 1. LEGAL CUSTODY: The Mother, Kristin L. Moore, and the Father, Dewayne E. McCardell, shall enjoy shared legal custody of Alissa McCardell, (date of birth: August 14, 2008). Major decisions concerning their child, including, but not necessarily limited to, The child's health, welfare, education. religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest, Each party shall not impair the other party's rights to shared legal custody of the child. Each party shall not alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to either parent_ With regard to any emergency decisions that must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each 2.:9891U1LI. JeUJOJQ UeiV •0 EXHIBIT party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. PHYSICAL CUSTODY: A. Mother shall have primary physical custody of the child. B. Father shall have partial physical custody of the child beginning at 9:00 a.m. on Saturday until 12:00 noon on Monday for the first, second, and third weekends of each month. C. Summer Vacation: Father shall have primary physical custody of the child for a 2 week uninterrupted period during June, July or August of each year. Father will give Mother written notice of the dates for the summer vacation on or before May t of each year. The period of summer vacation shall coincide with one of the Father's normal weekend custody period. D. Holidays: The parents may arrange a mutually agreed upon holiday schedule. In the absence of agreement, the parties shall adhere to the schedule attached. E. Child's Birthday: The non-custodial parent shall have physical custody of the child for a period of 3 consecudve hours on the child's birthday beginning at 12:00 noon or for another period mutually agreed upon by the parties. 3. COUNSELING: Mother shall obtain a counselor for out-patient psychotherapy. A copy of Dr. Casey Shienvold's custody evaluation dated December 3,2010, shall be provided to the counselor. The counselor shall E'd 2.4999UL 141- p.1 uelV cis:z:zn L L PJ sclw provide this Court with a monthly update as to Mother's attendance at counseling • and the Counselor's recommendations as to the need for continued therapy. Mother shall provide the name of her counselor to the Court within 30 days of the date of this order. 4. PARENTING CLASSES: Both Mother and Father shall enroll in and successfully complete the positive parenting class and the co -parenting class at Alternative Behavior Consultants located at 224 South Hanover Street, Carlisle, PA 17013 (717-241-6870). Each parent shall provide the Court with proof of attendance on or before June 30,2011. Each parent shall pay their own tuition. 5. PARENT COORDINATION: The parties will not be required to participate in Parent Coordination at this time and will be given an opportunity to voluntarily utilize the lessons they leam after attending their required parenting classes. However, should the parties fail to cooperate in parenting their child, a coordinator will be appointed to their case and each party will be required to pay a sum to be set by the Court into escrow for the cost of the coordinator. 6. PARENT COMMUNICATION: •The parents will communicate with each other in a civil manner by any means necessary to facilitate good parenting. Accordingly, the no contact letter previously issued by Father to Mother will not apply to legitimate communications between the parties regarding their child. Should either party abuse this provision of this order for any purpose nol related to the child, to include harassment, that party will be subject to indirect criminal contempt. -17"d L:9991LLIL 1. p.1 JeUJOJf) ueiv dp7:7(1 priJdw 7. EXCHANGE POINT: The parties shall exchange custody at the Sheetz Convenience Store located at 1900 Ritner Highway, Carlisle, PA (intersection of Route US 11 and Allen Road). The parties may have competent adults accompany them or substitute for them at the exchange. 8. TELEPHONE COMMUNICATION WITH THE CHILD: As the child increases her conversational ability, telephone contact between the child and the non-custodial parent shall be reasonable and liberal. Failure to allow and to facilitate such contact shall be grounds for sanctions. 9. INTOXICANTS: Neither party may use alcohol to the point of intoxication or illegal drugs immediately before or during their period of physical cu stody. 10. SMOKING: Neither party shall smoke in confined places, including but not limited to vehicles and residences, wren the child is present. 11. NONALIENATION: Neither party may say or do anything nor permit a third party to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development cf the child's love or affection for the other party. It is specifically directed that neither party shall disparage the other party's significant other in the presence of the child. Additional/se, it is specifically directed that the parents are not to embroil the child in the acrimonious relationship between the parents. The parents are not to involve or influence the child in regard to negative inferences/statements against the other parent. s•d I1.9994/4.L4 p.1 )81.11010 UEIV dtz:ni 70 AV 12. MODIFICATION: The parties may modify the provisions of this Order by mutual agreement In the absence of mutual consent, the terms of this Order shall control. John M. Kerr, Esquire Attorney for Plaintiff Stephen R. Maitland, Esquire Attorney for Defendant bas 9: d LI-S99LLL By the Court, 61.1.1 013 US V p.1 dtzzo 7.n idv HOLIDAYS AND SPECIAL DAYS TJMES EVEN YEARS ODD YEARS Faster Day Is` Half From 9 am until 3 pm Father Mother Easter Day 2°d Half From 3 pm until 9 pm Mother Father Memorial Day From 9 am nntiil 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1st Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Day Father Mother Thanksgiving 2n° half From 2 pm on Thanksgiving Day to noon the day after Thanksgitiing Day Mother Father Christmas 1s` Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2°d Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 5 pm 12/31 until noon January 1' (with the 12/31 year to control the evenfodd determination) MotherFather Mother's Day From 9 am until 9 pm Prom 9 am until pm. Mother Father Mother Father E Father's Day L'd LL999LLLL1.6 p.1 JawaJn uely dc7.:-n L L 7.njd i DEWAYNE E. MCCARDELL Plaintiff v. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4240 CML ACTION LAW KRISTEN L. MOORE Defendant IN CUSTODY (JUDGE EBERT) ORDER OF COURT AND NOW, in accordance with the Stipulation entered into by the parties, the Court's prior custody Order of March 28, 2011 is amended as follows: 1. Vacation. Father shall have primary physical custody of the child for a two (2) week uninterrupted period each year. 2. Child's Birthday. Father shall have custody of the Child for vacation during a period coinciding with her birthday in August, 2012. Mother shall have physical custody of the child for her birthday in calendar years 2013 and 2014. Fathers vacation time with the child shall not coincide with her birthday during 2013 and 2014. 3, Special Events. in the event of family (either on mothers side or father's side) funerals, weddings, or graduations, during which time the parent having physical custody chooses not to attend, the non-custodial parent may exercise temporary physical custody, provided reasonable notice has been given to the custodial parent. If such special events occur during a weekend when Father has partial physical custody, make-up time shall be furnished to Father as agreed to by the parties. For the purpose of this section, "family" includes relatives by both blood and marriage. p.1 BY THE COURT: Distribution: John M. Kerr, Esquire, 5020 Ritter Road, Suite 104, Mechanicsburg PA 17055 Stephen R. Maitland, Esq., 421 Cherokee Drive, Mechanicsburg PA 17050 TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand anci the seal of said Court at Carlisle, Pa. TnIs la clay of 20 4'1 a' Prothonotary RECEIVED FEB 15 2011 C--raP- • PROPERTY MANAGEMENT, INC. APPLICATION FOR RENTAL PROPERTY: APARTMENT #: TYPE: AA it - BASE RENT: FOR OFFICE USE ONLY Applicant #: Oat e received: Time received: ADDITIONAL PET FEE: SECURITY DEPOSIT: APPLICANT NAME: MCDOCe., (LAST) MAO) (litOOLS) CURRENTADDRESS: 180:.,tS?0ek'.47N •c1A) f;ZZs (Inn (APT.%) CITY: STATE:A, ZIP CODE: 1-1 HOME PHONE#: WORK PHONE#: SPOUSE OR CO-HEAD WORK PHONE 4 111 515 LI ciLl CAA PRESENT OCCUPATION: .1 CID! ON0 One, Cdr.\ \rve CM,' 61(6V) Employer: CC Address: 1 SO Qk )0 C N-01 1 t ie d ADDRESS: 1^()Ortp I- 51- ,,a)(neCs C'eC`1)0fNetk at \II aff<2. 2) NAME: 5 en tor , P., nas-1 Lary-vp t -f) 1 i 19,4 Holl Phone#:"M 5 - a an c.. # Years: \ PHONE #: Clapp1O:1 # Years Annual Income:6 0 , t:)0 cpno/yr Annual Income: 41.,,t6w 5c) , ot2) (§15/mo/yr (c rcle one) (circle one) LIST THE HEAD OF HOUSEHOLD AND ALL OTHER MEMBERS WHO WILL BE LIVING IN THE UNIT, GIVE THE RELATIONSHIP OF EACH FAMILY MEMBER TO THE HEAD. MEMBER # FULL NAME (LAST, FIRST, MI) RELATIONSHIP BIRTH DATE/ AGE SEX SOCIAL SECURITY Full -Time Student 1 Moot X(145\cril3L . 4)et-P 1O,110ti?L(o F vg, -1/0144, NZ 2 Melia rcke111 illiortii (3avqvpk& fr.114)og Q )g. -0&r6 3 4 5 6 . Do you expect any additions to the household within the next twelve months? Name & Relationship: Explanation: 2 .Doyou have full custody 'of your.chlidren Explanation of custody arrangements: Yvgr -eveAd o41,44-- W -e -e Have you, ever filed bankruptcy? ExPlenetion: deis Have you ever been convicted of a crime? If YES please provide specifics for ALL crimes for which you have been convicted.: e0f1VIC4ed o -r harass tv-eA-1- a() 77.2s1 i) 19 v-1- bPinci qpp?Oi!ecL Housing References List the past THREE (3) years of housing references. (If sddltIonal specs Is requltstl, Muss Ilst 0,15 soma's shoal of paw end Wash to thl. oppIlOstIon.) Landlord's.Name/Address ' Your Address 1 \‘‘Anti_. (.01-A1 ,-end nc+ 5a(pA Stnicnonfri Xiechnoicsbilm 'Ae& Phone: • • Landlord's Name/Address 2 Alon CaNNA IZO &uorN kit 7c 51, %ems by rci V A- 113 c1 Phone: (7n)15---c?gqtp Landlord's Name/Address Your Address 3 VeOwl-pr hu) he o(Jintodfncrt on 6-efe rooler) 0.71- &uicief1.bfC� eleyr-e^-J-7c toir-e ationt4 worp1 him con ward Phone: ( ) Your Address Own/Rent Dates Own 14—al.-101C4z5kfc\- Rent Own/Rent Dates tOW(Awn 1116//0 -ID Li lc / Have you ever been evicted for any reason? YES NO (Circle One If YES, please explain: Rent Own/Rent Own Rent Dates Personal References: List two personal references other than a relative. 1 Name/Address g A iCtr)CrrNA› 1?0 G)°0"1\d0111/4 5 Y1 g ffinbcfrq 1-735-1 Phone: flrl) 315 Relationship: .cn-efla Years Known: 2 e/Address of Reference Adt rric 1C .eac1161--e- PA 1-.)0 Phone: Tili) -113 -$JCo7 Relationship: -cn-ert Years Known: r2 Co 0 r Vehicle Identification: 1 License Plate#: 5 ki-51..Y1 State Issued: 17 4 2 License Plate#: State Issued: Emergency Contact: (If possible list someone In the area that Is not listed on the application.) Name/Address Phone: ( ) Relationship: Make/Model/Year: oq ,-r) ,-1' bis b' Z Make/Model/Year: • 2 Name/Address Phone: ( ) Relationship: 2 5 0 e. S pser5ono/ Income Information: include all income anticipated for the next 12 months. For each YES answered, provide details in the space provided below. NO YES 1 Is any member of your household employed, full-time, part-time or seasonally? .-1h-2. 3o IOD i► s A'd on Pct 9-e. / 2 Does any member of your household expect to work for ANY period during the next twelve (12) months? �I Cn On Oloin-ioini n g q du 10 3 Is any member of your household on leave of absence from work due to lay-off, medical, maternity or military leave? YES`(tJQ) 4 Does anyone In your household now receive or expect to receive unemployment 'benefits? Does anyone of your howhhold now receive or expect to recely.e,child support? cti -It l o o p G i'nur1ili -htl r m y cola v91j YES L 6 Does any member of your household now receive or expect to receive alimony or support payments? NO Does any member of your household receive or expect to receive public assistance (welfare, AFDC)? 2 c ,rn ^_I I c4 I q 5 5) 5- 4:; r 7n -15-P1 .P YES . 8 Does any member of your household receive or expect to receive social security benefits? YES 9 Does any member of your household receive or expect to receive Income from a pension or annuity? 10 Does any member of your household receive cash contributions from Individuals not living In the unit? OVA stip fdr 11 Does any member of your household receive Income from assets, Including Interest on checking or savings accounts, interest or dividends from certificates of deposit, stocks of bonds, Income from rental property? For each YES answered list the family member, the source of income and amount of Income, that can be expected from that source during the next twelve months Household member: NC1'%S}4,a A-'1-0a..re- Household member: Source: c4,.M SkiNurl Source: Annual Amount Annual Amount: Address I) Ogl 0_ 4fr-bl/,_ , Address Phone#: (j()► 5gc) r -t?` -i`^( Phone#: ( Household membi Source: Annual Amount: Address &15-1-1,0 �M. OOre: Set ar..helperr -Q cvM ; on Household member: Source: Annual Amount: Address Phone#: ( ) Phone#: ( Household member: (.15+ -4- j M'00A7e--' ) Household member: Source: C'.ru(fl- r-5 f' Source: Annual Amount: Q6no, O h Annual Amount: Address Address Phone#: ( ) Phone#: 3 Asset Information: Include all assets held and the corresponding annual interest rate, dividends or any other income derived from the asset. An asset is defined as any lump sum amount that you hold an currently have access to. Include the value of the asset and corresponding income from the asset In the space provided. Include ALL assets held by ALL household members Induding minors, Do YOU or ANYONE in your household hold: NO 1 Checking or savings accounts? Source Household Member Amount Account # Cn51-1).) )t-toerc.. "-00, 00 7 3 30-5 LI (430 MervIV)et'l t 0 11-,r\ elYID YES CD's, money market accounts or treasury bilis? Source Household Member Amount Account # NO 3 Stocks, bonds or securities? Source Household Member Amount Account # QS ct vinr bi/ (to lelf3ter',..)fri Uwe. ,z4- !�C)0 . ----- Ai i ssa Mccorteit 4 Trust funds? 0 n tes 5 cfci41.P.L. dtel 50 m-e-th t iv/ ei- 1 don 1-1- boa) 0 buck i --/- source Household Member Amount Account # YES 5 Pensions, IRA's, KEOGH or other retirement accounts? Source Household Member Amount Account # YES 6 Cash on hand over $500.00? Household Member: Amount YES YS 7 Real estate, rental property, land contracts/contract for deeds or other real estate holdings? (This includes your personal residence, mobile homes, vac ant land, farms, vacation homes or commercial property?) Type - Household Member Value 8 Personal propeity as an Investment? (This includes painting, stamp & coin collections, etc...) Toe Household Member Value Have you or any household member disposed of or given away any asset(s) for less than fair market valuewIthIn the last 2 years? Household Member: Amount: Explanation: 4 Allowances; Are YOU or ANYONE in your household: YES !`E`N`O) 1 Qualify for an elderly deduction? Household Member(s) Date of Birth YES (j ) 2 Quality for a handicap deduction? Household Member(s) YES Paying for medical insurance, doctors bills, prescriptions? (Medical Allowance apply only if you answered YES to questions #1 or#2) Household Member Sources /YES '`JNO 4 Pay for childcare? Source Child(renlis Name Age Weekly Amount tr✓��s rS\r- C:) c.cz;,g)eiI ,J '3 S G ix/0c: Ic. 5 Are you a legal U.S. Citizen or a legally Admitted Alien? ES NO Student Information: Are YOU or is ANYONE In your household: YESElp 1 _ Currently a full-time student, or planning to be one within the next 12 months? IF YES, STUDENT MUST CONTINUE WITH THE FOLLOWING QUESTIONS: (You will need to provide verifications of all items to which you answered YES.) YES a. Are you married and currently filing a Joint tax return? YES b. Are you receiving AFDC (Aid to Families with Dependent Children)? YES c. Are you enrolled in the Job Training Partnership Act (JTPA) or another similar, local or state program? YES d. Are you a single parent with child(ren) and neither you nor the child(ren) are dependents on anyone else's tax return? YEStQ`?e. Will you be living with someone who is not a full-time student? If so, who?: 5 1 /lavu paIu a y 1 have deposited $ applici fee for this application. I understand that if th alicatlon Is rejected the $ will be returned within 30 days. If my application Is accepted t..a i do not move into the property for any reason the total amount paid for the application fee will be forfeited. If the application is accepted, the application fee will be applied to the security deposit. PLEASE READ CAREFULLY - APPLICANT'S CERTIFICATION AND AGREEMENT 1 hereby certify that the facts setforth on the application are true and complete to the best of my knowledge.) understand that If incomplete, or false information is provided on the application it may be rejected. If accepted, falsified statements on this application shall be considered sufficient cause for eviction. I'm hereby authorizing management to perform an investigation of my rental history, criminal history, court records, credit and financial histories, and employment through any Investigating orit agencies of management's choice. (Dat) (Applicant) (Date) Applicant) The Information regarding race, ethnicity, and sex designation solicited on this application is requested in order to assure the Federal Government, acting through the Rural Housing Service that the Federal laws prohibiting discrimination against tenant applications on the basis of race, color, national origin, religion,' sex, familial status, age and disability are compiled with. You are not required to furnish this information, but are encouraged to do so. This information will not be used in evaluating your application or to discriminate against you in any way. However, if you choose not to furnish It, the owner Is required to note the race, ethnicity and sex of individual applicants on the basis of visual observation or surname. -ETHNICITY; Hispanic or Latino Not Hispanic or Latino X( RACE: (Mark one or more) GENDER: 1. American Indian/Alaska Native 4. Native Hawaiian or Other Pacific Islander 2. Aslan X, 6. White 3. Black or African American 6. Other (Name) Male Female Crystal Matthews Roxbury Ridge Apartments CONSUMER NOTICE FOR TENANTS THIS IS NOT A CONTRACT (Licensee) hereby states that with respect to this property (Property name), I am acting In the following capacity: (check one) Owner/landlord or the Property A direct employee of the Owner/Landlord; OR An agent of the Owner/Landlord pursuant to a property management or exclusive leasing agreement. I acknowledge 1 have read this Notice: fxI I certify that t have provided this Notice: dirlhew (Consumer) c2-19-11 • (Date) Application Fee$ Applicant; Address:. Date: With: By: Remarks: Employment: Date: With: By: Remarks: Credit: Date: With: By: Remarks: Criminal: Date: With: By; Manager' Approval' Date: %IS IAI` 1a +k bye- n ate: Chin Money Orde Remarks: Date: "In accoroance'wan reoerai law ano u.a. ueparlment or wgncutrure poucy, mis institution is proniolreo from Discriminating on the oasis (la race, color, national origin, sex, age, disability, religion and familial status. (Not all prohibited bases apply to all programs). To file a complaint of discrimination, write USDA, Director, Office of CIvII Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250- 9410, or call (800) 795-3272 (voice), or (202) 720-6382 (TDD). Thls Institution Is an equal opportunity provider and employer." DEWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. KRISTEN L. MCCARDELL, Defendant c"`3 : NO. 09-4240 CIVIL ACTION LAW Z- -.� rr O , IN CUSTODY , -73 ca c:a .. -+r� -� c -< Cr, CRIMINAL/ABUSE HISTORY VERIFICATION I, Dewayne E. McCardell, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S.§4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply Crime Self Other household member Date of conviction, guilty plea or pending charges Sentence 18 Pa.C.S. Ch. 25 (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 (relating to Check all that apply Crime Self Other household member Date of conviction, guilty plea or pending charges Sentence kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual assault) 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) 18 Pa.C.S. §4304 (relating to 2 Check all that apply Crime Self Other household member Date of conviction, guilty plea or pending charges Sentence endangering welfare of children) 18 Pa.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 18 Pa.C.S. §6114 (relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member in my household have a history of violent or abusive conduct including the following: Check all that Apply Self Other Household Member Date A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 4 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or 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. Dewavrie E. McCardell Date 5 VERIFICATION The undersigned, Dewayne E. McCardell, hereby states I am the Plaintiff in the foregoing action and, as such, am authorized to execute this Verification, and that any factual statement contained in the preceding Petition is true and correct to the best of my knowledge, information, and belief. I understand that false statements are subject to the penalties prescribed at 18 Pa. C.S. §4904, relating to unsworn falsification made to authorities. Dewayne E. McCardell CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Plaintiff Father's Pet'tion For Emergency or Special Relief," on the below -identified individual in the manner indicated: First Class Mail, Postage Prepaid Kristen Moore 30 Pine Street Carlisle, PA 17013 Dated: May 28, 2014 Law Office of ohn M. 5010 Rliter Road Suite 109 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAX 717.766.4066 ,t//41 1: ilia I . Kerr, squire 5 0 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Y� .tiO': ( 1L 1101,1.10/i2:1 2014 JUN , �� ENNS�,�COONrt` DWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner • : 09-4240 CIVIL TERM v. : CIVIL ACTION — LAW KRISTEN L. MOORE, : PRIOR JUDGE: M. L. EBERT, JR. Defendant/Respondent • • TO THE PROTHONOTARY: PRAECIPE TO ENTER APPEARANCE Kindly enter my appearance on behalf of the Defendant, Kristen L. Moore, in the above - captioned case. Respectfully submitted, BRIAN C. LINSENBACH, Esquire Supreme Court I.D. #87360 Attorney for the Defendant STONE, DUNCAN & LINSENBACH, P.C. 8 N. Baltimore Street Dillsburg, PA 17019 (717) 432-2089 (717) 432-0158 (fax) - DWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTEN L. MOORE, DEFENDANT : NO. 09-4240 CIVIL ORDER OF COURT AND NOW, this 6th day of June, 2014, upon consideration of Father's Petition for Emergency or Special Relief; IT IS HEREBY ORDERED AND DIRECTED that Kristen L. Moore shall file an Answer to the Petition on or before June 13, 2014. Upon review of the answer, it will be determined whether or not a court hearing or conciliation conference shall be scheduled. ohn M. Kerr, Esquire Attorney for Plaintiff risten Moore Defendant bas Coy CES Pat ti4LL) 14.1L/IY By the Court, N Crg CD INO c1 DWAYNE E. MCCARDELL, Plaintiff/Petitioner v. KRISTEN L. MOORE, Defendant/Respondent Eli Eil-OFTWF CIF THE i`ROIiil. NO �r:." J i 25 P1 JU 12 /1111-1:. 55 CUMBERLAND COUNTY : IN THE COURT OF COMMOWIWA VA N I A : CUMBERLAND COUNTY, PENNSYLVANIA : 09-4240 CIVIL TERM : CIVIL ACTION — LAW : PRIOR JUDGE: M. L. EBERT, JR. • ANSWER TO PLAINTIFF FATHER'S PETITION FOR EMERGENCY OR SPECIAL RELIEF ANSWER AND NOW, comes the Defendant, KRISTEN L. MOORE, by and through her attorney, Brian C. Linsenbach, Esquire, of STONE, DUNCAN & LINSENBACH, P.C., and files this Answer to Emergency Petition for Custody, and respectfully states in support thereof the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part. Father left out the information of the Child's living arrangements with Father. Defendant's correct address information is as follows: Names Address Time Periods Kristen Moore 510 Meadow Dr. Shippensburg, PA 1257 3/2011- 2/2012 1 Kristen Moore Alan Cromer Kristen Moore Mike Merrick 180 Quarry Hill Rd. Shippensburg, PA 17257 30 Pine St. Carlisle, PA 17013 2/2012-4/2014 4/2014 -present 7. After reasonable investigation, Defendant/Respondent is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in the corresponding paragraph. Defendant/Respondent has no knowledge of whether Petitioner participated in any other litigation. 8. Defendant/Respondent has no knowledge of Petitioner's information. 9. After reasonable investigation, Defendant/Respondent is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in the corresponding paragraph. Defendant/Respondent has no knowledge of what Petitioner does or does not know. 10. Admitted. 11. Admitted in part and denied in part. It is admitted that the last hearing in this custody matter occurred on February 28, 2011, before the Honorable M. L. Ebert, Jr. It is denied that there is newly discovered evidence that Kristen Moore manipulated any custody evaluation or lied under oath. 12. It is admitted. However, by way of further answer, Defendant' s relationship with Kelly McKernan ended right after the hearing. 2 13. Dr. Kasey Shienvold's testimony speaks for itself. However, by way of further answer, Kristen Moore was in a relationship at the time of the hearing with Kelly McKernan. 14. Admitted in and denied in part. It is admitted that Kristen Moore was living with Kelly McKernan and it is admitted she completed an application for housing with Property Management, Inc: that showed her current address as 180 Quarry Hill Road in Shippensburg. It is denied that she was living there. She only stated that on the application so that any response to the application could not be sent to Kelly McKernan because she wanted to keep the response confidential. 15. Denied. Defendant began an intimate relationship with Alan Cromer after the hearing but maintained her apartment with Property Management, Inc. in Shippensburg and did not abandon her home until after the rental period expired. Her final inspection is attached as Exhibit "A". 16. Dr. Kasey Shienvold' s testimony speaks for itself. Regardless of Defendant's relationship with men, it does not affect her ability to meet the needs of her daughter. 17. Admitted. 18. Admitted. 19. Admitted. 20. Denied. Defendant has kept Father apprised of the Child's educational status. However, by way of further answer, Father rarely asks Defendant for information. He has the ability, since he has 50/50 legal custody, to receive information from the schools. 3 21. After reasonable investigation, Defendant/Respondent is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in the corresponding paragraph. 22. Denied. Most of the homework is due on Friday and she does not receive copies of the homework until Monday; therefore, it is not in the book bag most of the time. Further, Father does not ask Defendant to see any of the homework. 23. Admitted. Defendant desires to do what the school recommends. 24. Denied. Defendant is unaware what Mrs. Shover revealed to the Father or whether Mrs. Shover contacted the Guidance Department. However, Defendant is aware that Cumberland County Children & Youth Services came out and the accusations against her were unfounded. Moreover, Defendant's speech is normally on the slower side and it is not affected by being under the influence. 25. Admitted in part and denied in part. It is admitted that she removed the Child from Big Springs School District and enrolled her at Rice Elementary in South Middleton School District. However, it was necessary since Defendant had moved and Big Springs School District wanted to charge her $2,500.00, which she could not afford. Further, Defendant enrolled Child at the school district in which Father resides believing it would be in everyone's best interests. 26. Denied. Defendant did read the book once to the Child. Defendant did not fraudulently represent the opposite to the school teacher. 27. Denied. Defendant did not write the homework and only assisted the Child with the homework. 4 28. Denied. Defendant was on prescription medications, under the care of medical professionals, after her surgeries. Moreover, Defendant is not on any medication at this time and is willing to submit to drug testing, provided Father pays for the testing. 29. Admitted in part and denied in part. It is admitted the Defendant had been drinking. It is denied that she was ready to take any prescription medication. It is also admitted that Defendant telephoned police because Mr. Cromer kept her keys to keep her from leaving in her car. It is denied that she was going to drive but instead was actually making threats. It is admitted that Mr. Merrick came to get her and the Child. Moreover, all this happened because of an argument with Mr. Cromer, and she needed to remove herself from the situation. 30. Denied. She does not use various physicians and various pharmacies. She uses the same two physicians, namely Dr. Davies, OB/GYN, who performed all of her abdominal surgeries, and Dr. Darowish, orthopedic surgeon, who performed all of the surgeries on Defendant's elbows and wrists. Defendant uses the same pharmacy and Defendant does not abuse prescription medication. 31. Admitted in part and denied in part. It is admitted that Defendant carries a hand gun. Defendant has a concealed weapons permit. It is denied that it makes any matter worse because she has a legal right to carry. Defendant did call the police to the scene because the woman was threatening her. 32. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in the 5 corresponding paragraph as to whether Father made arrangements for child care. However, it is denied that Father demonstrates that Defendant is unable to care for the Child's essential needs. WHEREFORE, the Defendant requests that this Honorable Court dismiss the Plaintiff Father's Petition for Emergency or Special Relief. Dated: 6 A / � Li 6 Respectfully submitted, Brian C. Linsenbach, Esquire (#87360) Attorney for Defendant/Respondent Stone, Duncan & Linsenbach, P.C. 8 N. Baltimore Street Dillsburg, PA 17019 (717) 432-2089 VERIFICATION I, KRISTEN L. MOORE, do verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18.Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: i.o - \\--\`-\ 7 KRISTEN L. MOORE DWAYNE E. MCCARDELL, Plaintiff/Petitioner v. KRISTEN L. MOORE, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : 09-4240 CIVIL TERM : CIVIL ACTION — LAW : PRIOR JUDGE: M. L. EBERT, JR. CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a copy of the forgoing "Answer to Emergency Petition for Custody," on the below -named individual in the manner indicated below: First -Class Mail John M. Kerr, Esquire 5010 Ritter Road, Suite 109 Mechanicsburg, PA 17055 Dated: �i ZA/47 8 Brian C. Linsenbach, Esquire Attorney I.D. No. 87360 Stone, Duncan & Linsenbach, P.C. 8 N. Baltimore Street Dillsburg, PA 17019 (717) 432-2089 (717) 432-0158 (fax) Resident's Name Resident's Name Resident's Name Resident's Name Resident's Name Resident's Name PROPERTY MANAGEMENT, INC. Inspection Report Kristin Moore FOYER Door -Lock -Bell j\ -- Mail Slot -Light '\ , Closet -Door -Shelves FURNACE ROOM Door -Lock b\{— Heater, A/C 0\1— Panel \LPanel Breakers 0\t„ Balcony -Patio n/a LIVING�¢QM Floor -Tice -Carpet Walls -Ceiling Thermostat TV Adapter l`�- r' c\ b\zr Door -Lock _ Window -Screen Brick -Wall B I Inds -Cord n/a Heater, A/C Mt— BEDROOMS Walls -Ceiling Floor -Carpet Window -Screen Lights -Fixtures Closet -Shelves -Pole TV Adapters Heater, A/C Door -Handle Blinds -Cord KITCHEN Floor Property Apartment No. Move Out Date Roxbury Ridge 510 Move -In Inspection Move -Out Inspection Walls.Ceiling (' &L Formica %L. Cabinets, Shelves Doors, Fixtures Fire Extinguisher Range -Hood -Fan Filter -Light Range-Pans-Kno( 1.)-1)(A) Refrigerator Ice Trays -Shelves Trays -Shelves Dishwasher Basket -Knob Smoke Detector at_ Sink-Faucets Disposal -Cover CAL #3 n/a KEYS ISSUED ADDITIONAL REMARKS DEDUCTIONS Cleaning Carpet Cleaning Apt. X DINING ROOM Walls -Ceiling Floors Window -Screen Window -Storm Light Fixture Blinds -Cord Check One HALLS & STAIRS Steps -Railing Closet -Door Shelves Light -Switch Washer Dryer n/a n/a FURNITURE BATHROOMS Door -Handle Tub Stopper Shower Rod Vanity Formica Faucet, Stopper Commode, Seat, Tank Med. Cabinet, Shelves Showers, Doors, Head Towel Bar, Paper Holder #2 #3 n/a n/a Laundry Room 1 Mailbox Repairs Labor Replacement (Item/Cost) Other Total iN trut t \ 311 it I vwi1' I�-1111 C.(Cro I agree that all furniture and other items left in this apartment alter the date that 1 vacate the apartment will be considered abandoned, and will be disposed of by the property at its discretion. I also agree to pay all removal and storage charges for any abandoned furniture and other items. Resident Forwarding Address: Inspected By: Manager: Date 7 PART VII—PRELIMINARY CALCULATIONS 25. Adjusted Monthly income (Line 20 + 12) 26. Monthly Income (Line 18.1. + 12) a. $ a. $ 29. Gross Basic Rent a. Basic Rent $ b. Utility Aliowance $ C. (Line 29.a. + Line 29.b.) $ 965 1005 500 107 607 x.30 - b.$ x 10 - b.$ 27. Designated Monthly Welfare Shelter Payment $ 28. Highest of Line 25.b., Line 26.b., or Line 27. 30. Gross Note Rate Rent a. Note Rate Rent $ b. Utility Allowance 3 c. (Line 30.a. + Line 30.b) $ 290 101 0 290 556 107 663 PART VIII—DETERMINING GROSS TENANT CONTRIBUTION (GTC) Decision: (check one) A. If tenant receives rental assistance (RA) enter Line 28 on Line 31 below. If Line 28 exceeds Line 29.c., go to Decision B since this Tenant will not receive RA. B. If tenant does not receive RA and this project receives Plan Il Interest Credit, enter the greater of Line 28 or Line 29.c. (but not to exceed Line 30.c.) on Line 31 below. C. If tenant does not receive RA and this project is a Plan I, Full Profit or Labor Housing project, complete Lines C.1. thru C.3. and enter Line C.3. on Line 31. 1. Enter Line 30.c. 2. Add Plan I Surcharge (if any) 3. Total (enter on Line 31) $ 0 0 0 PART IX—DETERMINING NET TENANT CONTRIBUTION (NTC) 31. GTC (From PART VIII) $ 32. Utility Allowance (Line 29.b. or Line 30.b.) $ 33. Final NTC (Line 31 minus Line 32) $ (Amount Tenant pays Borrower for rent. If Line 33 is negative, Borrower pays the difference to Tenant for utilities.) 290 107 183 PART X—CERTIFICATION BY BORROWER I certify that the information on this form has been verified as required by federal law and the tenant household ® is eligible to five in the unit, or Das been granted ineligible occupancy by RHS. a. Date Signed b. Signature of Borrower or Borrower's Representative CA. A-43-6DLQ_ L/vtoz7tux.R.L.,- -2- DWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTEN L. MOORE, • DEFENDANT : NO. 09-4240 CIVIL ORDER OF COURT AND NOW, this 25`h day of June, 2014, upon consideration of Father's Petition for Emergency or Special Relief, Kristen Moore's Answer thereto, IT IS HEREBY ORDERED AND DIRECTED that Dwayne E. McCardell's request to exercise sole legal and primary physical custody of the child is DENIED at this time. The matter shall be referred to a Custody Conciliation Conference before John Mangan, Esquire, on Tuesday, July 15, 2014, at 2:00 p.m. on the 4th floor of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., ' J. YJahn M. Kerr, Esquire Attorney for Plaintiff ./Brian Linsenbach, Esquire Attorney for Defendant John Mangan, Esquire —014-.S I lL Custody Conciliator -„c, z�; - bas z� r 1:7t.E5I? 4a SPV C �-rr� DEWAYNE E. MCCARDELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-4240 CIVIL ACTION LAW KRISTIN L. MCCARDELL, IN CUSTODY x Defendant - r'' c FT' z c, rd -4' -^< 'W c.. - >C) CD-; 5 - 5. w CDC) .- C..) AND NOW this Isday of August 2014, upon consideration of the attached Custody~ Conciliation Report, it is Ordered and Directed as follows: Prior Judge: M. L. Ebert, Jr., J. Anticipated hearing length: One half day ORDER OF COURT 1. A pretrial co erence with the assigneddud e is hlwe4'erebySD sJ heduled in the above case on the }rc n 15' ray of 2014 at /D:cf m in courtroom number 2 of the Cumberland County Courthouse. The parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4-4. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the {.A4 '' day of 0C��t�w t , 2014 at 9 , atb Am in Courtroom number 2 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. 3. Legal Custody: The Father, Dewayne E. McCardell, and the Mother, Kristin L. McCardell, shall have shared legal custody of Alissa M. McCardell, born 08/14/2008. 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 her 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. 4. Physical Custody: Pending further Order of Court or written agreement otherwise, Mother and Father shall arrange physical custody of Alissa as follows: a. The parents shall continue with the schedule outlined in the March 28, 2011 Order (three weekends in a row for Father) until Father goes on vacation. b. Father is going on vacation with Alissa 08/16/14 through 08/25/14. c. Commencing Monday August 25, 2014, the parents shall share physical custody of Alissa on a week on/week off basis from Monday until the following Monday (Mother begins her custody 08/25/14). d. Before the week on/week off begins, each parent shall provide to the other criminal background checks and childline clearances for any individual that assumes a caretaker/babysitter responsibility for Alissa. Additionally, each parent shall be afforded the opportunity to meet any proposed caretaker/babysitter for Alissa. e. Absent agreement otherwise, the exchanges shall occur at school; when there is no school, the parents shall exchange custody at the Kohl's parking lot in Carlisle at 12 pm on Monday. The parents are authorized to utilize appropriate third parties to assist in the custody exchanges. f. The parties are authorized to have physical contact, or be in the presence of each other, for custodial exchange purposes as long as the contact is harmonious. g. Father and Mother are free to alter the above physical custody schedule by written mutual agreement. 5. Neither party shall utilize corporal punishment as a form of discipline for Alissa. 6. Neither party shall smoke in confined places, including but not limited to vehicles and residences, when the Child is present. 7. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling with a mutually -agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. Additionally, Mother shall engage in individual counseling until successfully discharged and follow any/all recommendations. 8. Telephone contact: The non-custodial parent shall have liberal contact with Alissa on a reasonable basis. Failure to allow and to facilitate such contact shall be grounds for sanctions. 9. Holidays: The parents shall arrange the holiday schedule as mutually agreed. In the absence of agreement, the parties shall adhere to the schedule as attached. On the Child's birthday, the non-custodial parent shall have three consecutive hours of physical custody beginning at 12:00 pm or for another period mutually agreed upon by the parties. 10. Special events: In the event of family (either on mother's side or Father's side) funerals, weddings, or graduations, during which time the parent having physical custody chooses not to attend, the non-custodial party may exercise temporary physical custody, provided reasonable notice has been given to the custodial parent. If such special events occur during a custodial period for either parent, make up time shall be afforded to that parent as agreed by the parties. For the purpose of this section, "family" includes relatives both by blood and marriage. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 12. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 13. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 14. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 15. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Distribution: / John Kerr, Esquire, 5010 Ritter Rd., Ste 109, Mechanicsburg, PA 17055 / Brian Linsenbach, Esquire, 8 North Baltimore St., Dillsburg, PA 17019 V/ John J. Mangan, Esquire HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1st Half From 9 am until 3 pm Father Mother Easter Day 2nd Half From 3 pm until 9 pm Mother Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Day Father Mother Thanksgiving 2nd half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2nd Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm Father Father DEWAYNE E. MCCARDELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-4240 CIVIL ACTION LAW KRISTIN L. MCCARDELL, IN CUSTODY Defendant Prior Judge: M. L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alissa M. McCardell 08/14/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on July 28, 2009, an Order was issued August 4, 2009, a conciliation conference was held October 27, 2009, an Order issued November 09, 2009, an Order issued March 28, 2011, an Order was filed August 10, 2012, an Order issued June 06, 2014, an Order issued June 25, 2014 and a conference was held August 05, 2014 regarding Father's petition for special relief with the following individuals in attendance: The Mother, Kristin McCardell, with her counsel, Brian Linsenbach, Esq. The Father, Dewayne McCardell, with his counsel, John Kerr, Esq. 3. Father's position on physical custody is as follows: Father is requesting primary physical custody of Alissa. Father currently has three weekends in a row from Saturday 9 am until Monday at noon and two consecutive weeks each year. The parents literally live across the street from one another. Father works for UPS Monday through Friday from 6:30 pm until 6 am. Father indicates that he has an appropriate caregiver for Alissa when he is working and overnight. Father has concerns about Alissa's academic progress, homework not being done, possible prescription pill abuse by Mother, Mother's mental stability and overall care for Alissa. Father is not in agreement to engage in therapeutic family counseling. Both parents agreed to a shared week on/off schedule pending the scheduled hearing. 4. Mother's position on custody is as follows: Mother indicates that she would like primary custody of the Child and would like the status quo to remain in place. Mother indicates a lack of trust in Father and cites to lack of communication. Mother indicates she has concerns about Father's physical discipline of Alissa. Mother points out that she is able to care for Alissa when Father is working and does not see why a babysitter should trump her time if she is available. At this point, Mother has no information about who the proposed caretaker is for Alissa when Father is working. Mother has an extremely limited work schedule. Mother is in agreement to engage in the counseling. Mother further denies abusing prescriptions and that homework is not completed in a timely fashion. 5. The Conciliator recommends an Order in the form as attached scheduling a pretrial conference, scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. Date Date Joh . Ma an, squire C :tody C nciliator DWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner • : 09-4240 CIVIL TERM v. : CIVIL ACTION — LAW KRISTEN L. MOORE, : PRIOR JUDGE: M. L. EBERT, JR. Defendant/Respondent ORDER AND NOW, to wit, this 816 day of , 2014, the pretrial conference scheduled in the above -captioned case, for September 15, 2014, is being continued and rescheduled for October 7, 2014, at 2:00 p.m. BY THE COURT: rn 01 1£,S to t zz 33. ter- co c:3R i3. 14. sb�� za s/iopy -73 c DWAYNE E. MCCARDELL, Plaintiff/Petitioner : 09-4240 CIVIL TERM : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. -nrn co �. : CIVIL ACTION — LAW KRISTEN L. MOORE, u) r— PRIOR JUDGE: M. L. EBERT, JR. I--- Defendant/Respondent y o 5-, c CRIMINAL RECORD / ABUSE HISTORY VERIFICATION ar) I, KRISTEN L. MOORE, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. §4904 relating to relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Date of conviction, guilty plea, no contest Check Other plea or all that household pending apply Crime Self member charges o 18Pa.C.S. Ch. 25 o o (relating to criminal homicide) o 18 Pa.C.S. § 2702 o o (relating to aggravated assault) ❑ ❑ ❑ 18 Pa.C.S. § 2706 (relating to terroristic threats) 0 18 Pa.C.S. § 2709.1 ❑ ❑ (relating to stalking) ❑ 18 Pa.C.S. § 2901 ❑ ❑ Sentence (relating to kidnapping) o 18 Pa.C.S. § 2902 (relating to unlawful restraint) o 18 Pa.C.S. § 2903 (relating to false imprisonment) o 18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure) o 18 Pa.C.S. § 3121 (relating to rape) o 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault) o 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse) o 18 Pa.C.S. § 3124.1 (relating to sexual assault) o 18 Pa.C.S. § 3125 (relating to aggravated indecent assault) o 18 Pa.C.S. § 3126 (relating to indecent assault) o 18 Pa.C.S. § 3127 (relating to indecent exposure) o 18 Pa.C.S. § 3129 (relating to sexual intercourse with animal) o 18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders) o 18 Pa.C.S. § 3301 (relating to arson and related offenses) o 18 Pa.C.S. § 4302 (relating to incest) o 18 Pa.C.S. § 4303 (relating to concealing death of child) 18 Pa.C.S. § 4304 (relating to endangering welfare of children) ❑ 18 Pa.C.S. § 4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. § 5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. § 5903(c) or (d) ❑ ❑ (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. § 6301 ❑ ❑ (relating to corruption of minors) ❑ 18 Pa.C.S. § 6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. § 6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. § 6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. § 6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the influence of ❑ ❑ Drugs or alcohol ❑ Manufacture, sale, delivery, ❑ ❑ holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that Other household apply Self member Date ❑ A finding of abuse by a Children & ❑ ❑ Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under ❑ ❑ the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child(ren): Identify all household members by name and age that currently reside with you, and were included in the responses to Question 1-2 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: 6. State whether you or any member of your household was provided services by a child welfare agency (eg., County Children, Youth & Families agency). If yes, please indicate: a. The individuals that received services: b. The type of services provided: c. The circumstances surrounding the provision of services: d. The time frame during which the services were or are being provided: e. The jurisdiction or location where services are being or were provided: I verify that the information above is true and correct to the best of my knowledge, information or 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. Signature \.c15AeA Printed Name DWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner : 09-4240 CIVIL TERM v. : CIVIL ACTION — LAW KRISTEN L. MOORE, -mss a PRIOR JUDGE: M. L. EBERT, JR. r Defendant/Respondent c o r- ‹ r.: r -.n, c- _.. 1 fl cp Ci -3 --QC) _ :_ c: C CRIMINAL RECORD / ABUSE HISTORY VERIFICATIOl ( =- I, Iic4aS£ 4.1/y 141Grr;`hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. §4904 relating to relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted .or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Date of conviction, guilty plea, no contest Check Other plea or all that household pending apply Crime Self member charges ❑ 18Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. § 2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. § 2706 ❑ ❑ (relating to terroristic threats) ❑ 18 Pa.C.S. § 2709.1 ❑ ❑ (relating to stalking) ❑ 18 Pa.C.S. § 2901 ❑ ❑ Sentence (relating to kidnapping) ❑ 18 Pa.C.S. § 2902 ❑ ❑ (relating to unlawful restraint) ❑ 18 Pa.C.S. § 2903 ❑ ❑ (relating to false imprisonment) ❑ 18 Pa.C.S. § 2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. '§ 3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. § 3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. § 3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. § 3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 Pa.C.S. § 3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. § 3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. § 3127 ❑ ❑ (relating to indecent exposure) ❑ 18 Pa.C.S. § 3129 ❑ ❑ (relating to sexual intercourse with animal) ❑ 18 Pa.C.S. § 3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 Pa.C.S. § 3301 (relating to arson and related offenses) ❑ 18 Pa.C.S. § 4302 (relating to incest) ❑ 18 Pa.C.S. § 4303 (relating to concealing death of child) ❑ 18 Pa.C.S. § 4304 ❑ ❑ (relating to endangering welfare of ❑ children) ❑ 18 Pa.C.S. § 4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. § 5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. § 5903(c) or (d) ❑ ❑ (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. § 6301 ❑ ❑ (relating to corruption of minors) ❑ 18 Pa.C.S. § 6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. § 6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. § 6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. § 6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the influence of ❑ ❑ Drugs or alcohol ❑ Manufacture, sale, delivery, ❑ a holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that Other household apply Self member Date ❑ A finding of abuse by a Children & ❑ ❑ Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under ❑ ❑ the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child(ren): Identify all household members by name and age that currently reside with you, and were included in the responses to Question 1-2 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: 6. State whether you or any member of your household was provided services by a child welfare agency (eg., County Children, Youth & Families agency). If yes, please indicate: a. The individuals that received services: b. The type of services provided: c. The circumstances surrounding the provision of services: d. The time frame during which the services were or are being provided: e. The jurisdiction or location where services are being or were provided: I verify that the information above is true and correct to the best of my knowledge, information or 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. /� ems/ 57 ✓ , Pt‘e � uk Printed Name DWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA • V. • KRISTEN L. MOORE, • DEFENDANT : NO. 09-4240 CIVIL ORDER OF COURT AND NOW, this 13th day of October, 2014, the custody hearing this date having not finished, IT IS HEREBY ORDERED AND DIRECTED that the hearing will continue all day on Monday, December 22, 2014, beginning at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, \\NV& 1 M. L. Ebert, Jr., J. John M. Kerr, Esquire Attorney for Plaintiff Brian Linsenbach, Esquire Attorney for Defendant c ro bas p e$ lO/jam1/4/ pi CO CD z m cn zca Vic? co DWAYNE E. MCCARDELL, Plaintiff/Petitioner v. KRISTEN L. MOORE, : PRIOR JUDGE: M. L. EBERT, JR. i it f-if.10' .i' 5 rsi 3 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA • : 09-4240 CIVIL TERM • • : CIVIL ACTION — LAW • • Defendant/Respondent • MOTION TO WITHDRAW AND FOR CONTINUANCE AND NOW, comes the Defendant, Kristen L. Moore, by and through her attorney Brian C. Linsenbach, Esquire of STONE, DUNCAN & LINSENBACH, P.C., and files this motion to withdraw as counsel and to continue trial and respectfully states in support thereof the following: 1. Undersigned counsel had a family emergency that occurred on Tuesday, October 28, 2014, which requires undersigned counsel to be away from the practice of law for several weeks and perhaps more than one month. 2. Due to the family emergency, undersigned will not be actively practicing law for some time and is the only attorney at the law firm that currently practices family law. 3. Therefore, to allow undersigned to attend to his family situation without prejudicing defendant in the pending action undersigned seeks permission to withdraw from the case and to continue the trial currently scheduled for December 8, 2014, to allow defendant time to seek competent counsel to replace undersigned and for said counsel to prepare for the trial. 4. The continuance in this matter is necessary to allow replacement counsel to be procured and to have adequate time to prepare the case and is not being sought for any prejudicial or improper purpose Wherefore, for the foregoing reasons, Kristen Moore, respectfully requests that this Honorable Court grant the motion to withdraw and continue the pending trial Respectfully submitted, /I/3//ij Date: BRIAN C. LINSENBACH, squire Supreme Court I.D. #87360 Attorney for the Defendant STONE, DUNCAN & LINSENBACH, P.C. 8 N. Baltimore Street Dillsburg, PA 17019 (717) 432-2089 (717) 432-0158 (fax) DWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTEN L. MOORE, DEFENDANT : NO. 09-4240 CIVIL IN RE: MOTION TO WITHDRAW AND FOR CONTINUANCE ORDER OF COURT AND NOW, this 7th day of November, 2014, upon consideration of Kristen Moore's Motion to Withdraw and Continuance; IT IS HEREBY ORDERED AND DIRECTED that the Motion to Withdraw and for Continuance is DENIED at this time. Counsel has mistakenly indicated that the next hearing in this matter is scheduled for December 8, 2014. In fact, the next hearing is to be conducted on December 22, 2014 at 9:00 a.m. See attached Order. Given the fact that the next hearing is over six weeks away, should provide sufficient time to acquire new counsel and prepare for the continuance of the custody hearing. By the Court, ,of n M. Kerr, Esquire Attorney for Plaintiff Brian Linsenbach, Esquire Attorney for Defendant bas •Yp CF THE i . OT„Q ;QZAR'r” 2014 DEC --1 Pl? 2:42 CUI1QERLAUD COUNTY DWAYNE E. MCCARDELL, P E�M3 +COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner : 09-4240 CIVIL TERM v. : CIVIL ACTION — LAW KRISTEN L. MOORE, : PRIOR JUDGE: M. L. EBERT, JR. Defendant/Respondent • PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my name as counsel for the Defendant, Kristen L. Moore, for the above- mentioned case and term. Date: //Zf/ TO THE PROTHONOTARY: term. Date: Brian C. Linsenbach, Esquire Attorney ID #87360 Stone, Duncan & Linsenbach, PC 3 N. Baltimore Street P.O. Box 696 Dillsburg, PA 17019 Please enter my name, Kristen L. Moore, as Pro Se for the above-mentioned case and Kristen L. Moore 30 Pine Street Carlisle, PA 17013 1 DWAYNE E. MCCARDELL, Plaintiff/Petitioner v. KRISTEN L. MOORE, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : 09-4240 CIVIL TERM • • : CIVIL ACTION — LAW : PRIOR JUDGE: M. L. EBERT, JR. • CERTIFICATE OF SERVICE The undersigned does hereby certify that on this 0 day of /VO✓lrnier , 2014, I mailed by First -Class United States Mail, postage prepaid, a true and correct copy of the foregoing Praecipe to Withdraw and Enter Appearance to the following: Kristen L. Moore 30 Pine Street Carlisle, PA 17013 John M. Kerr, Esquire 5010 Ritter Road, Suite 109 Mechanicsburg, PA 17055 Brian C. Linsenbach, Esquire Attorney ID#87360 Stone, Duncan & Linsenbach, PC 3 N. Baltimore Street P.O. Box 696 Dillsburg, PA 17019 John M. Kerr, Esquire John Kerr Law, PC 5010 Ritter Road �C' 12 P, G,: ` Suite 109 1. 3 !'Ar V Mechanicsburg, PA 17055 c E p "4- Y LVA ; Telephone: 717-766-4008 Facsimile: 717-766-4066 john@iohnkerrlawl)c.com Attorney for Petitioner/Plaintiff DEWAYNE E. MCCARDELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-4240 CIVIL ACTION LAW IN CUSTODY KRISTEN L. MOORE, (JUDGE EBERT) Defendant PLAINTIFF/PETITIONER DEWAYNE E. MCCARDELL'S MOTION FOR PRE-TRIAL RELIEF OR IN THE ALTERNATIVE FOR A PRE-TRIAL CUSTODY CONFERENCE AND NOW, comes Plaintiff/Petitioner Dwayne E. McCardell (hereinafter, "Father"), by his counsel, John M. Kerr, Esquire and John Kerr Law, P.C., and files this Motion, the nature of which is as follows: 1. The custody trial involving Father's Petition For Special Relief oru,M. err commenced on Monday, October 13, 2014 and is scheduled to continue on 5010 Ritter Road Suite 109 Nedra❑iCsburg,717'7 17055Monday, December 22, 2014. PHONE: 71 7.766.6.40088 FAX:717.766.4066 2. Prior to the first day of trial, a Pre-Trial Conference was held on Tuesday, October 7, in the chambers of the Honorable Judge M.L. Ebert, Jr. 3. At the time, Defendant/Respondent was represented by Brian Linsenbach, Esq. of Stone, Duncan, & Linsenbach in Dillsburg, Pennsylvania. 4. In the Pre-Trial Conference Memorandum filed by Father, he listed as a witness the child who was the subject of the proceeding, Alissa M. McCardell, age 6. 5. For some reason, the Child's appearance and interview by the Court was not discussed at the Pre-Trial Conference. 6. On November 4, 2014, attorney Linsenbach purported to file a Motion To Withdraw and for Continuance. For some reason, undersigned counsel was not served with this Motion and was unaware of its existence until receiving a copy of the Court's Order of November 7, 2014. (see, Exhibit "A," appended to this Motion, copy of said Withdrawal Motion). 7. In his Motion to Withdraw, attorney Linsenbach represented that he had a family emergency which occurred on October 28, 2014, and which necessitated his being away from the practice of law from between several weeks to a month. He also stated that the trial continuation date was December 8, 2014 when, in fact, it was December 22, 2014. 8. The Court, by Order dated November 7, 2014, clearly denied both YL— ffiOce f ./ oh,M. err Linsenbach's Motion to Withdraw and his request for a continuance (see, 501 O Ritter Road Suite 109 Exhibit "B," appended to this Motion, Mechanicsburg, 17055 copy of Order dated November 7, PA Yrf orve: 717.766.4008 FAX:717.766.4066 2014). 2 9. On November 13, 2014, undersigned counsel wrote to Attorney Linsenbach requesting, among other things, that he clarify whether he would be remaining in the case or whether the Defendant Mother would be securing a new attorney (see, copy of correspondence, dated November 13, 2014 and appended to this Motion as Exhibit " C "). 10.Prior to writing this letter, undersigned counsel attempted to reach Linsenbach by telephone. The receptionist at his office did not seem to know anything about a family emergency, but informed undersigned counsel that Linsenbach had just started a meeting. 11.Attorney Linsenbach responded in writing that the court had granted his withdrawal motion. That statement was clearly untrue and represented a misreading of the Court's Order. 12.On December 1, 2014, attorney Linsenbach purported to file a Praecipe withdrawing his appearance, while Kristen L. Moore purported to enter her pro se appearance (see, copy of Praecipe appended to this Motion as Exhibit "D"). Such withdrawal was inappropriate given the fact that attorney Linsenbach's Motion to Withdraw was denied by the court. 13.In his correspondence of November 13, 2014, undersigned counsel had �orin Mferr raised issues in addition to whether attorney Linsenbach would remain in 5010 Hitter Road Suite 109 the case. In the thirdaragraP h, undersigned counsel stated the Mechanicsburg,PA 17055 P b PHONE: 717.766.400$ FAX:71 7.766.4066 following: On the evening of Monday, November 3, 2014, my client received a number of urgent messages from his daughter, asking that he 3 telephone her. As it turned out, she was in the care of Charles Galbraith at Cromer's Personal Care Home. She was calling her father on Mr. Galbraith's telephone. When Mr. McCardle later spoke with Alan Cromer, he was advised that Kristen was in the barn unloading her truck; that Mr. Cromer was in the room next to Mr. Galbraith; and that Mr. Cromer frequently watches Alissa. 14.Consequently, undersigned counsel requested that "in accordance with paragraph 4d of the Order, dated August 13, 2014, criminal background checks and childline clearances be furnished for Alan Cromer and Charles Galbraith since they both have `assume[d] a caretaker/babysitter responsibility for Alissa." 15.By way of information, Charles Galbraith has been assigned by the Pennsylvania Department of Human Services to Cromer's Personal Care Home because he is mentally challenged. 16.Rule 1915.4-4 of the Pennsylvania Rules of Civil Procedure requires a pre- trial conference in certain instances when requested by a party via praecipe. 17.Plaintiff/Petitioner Father requests the following relief prior to the December 22, 2014 continuation of custody trial: a) That the Court strike attorney Brian Linsenbach's Praecipe to Withdraw as Counsel and require him to represent Kristen L. �wo�aaf Moore at the December 22, 2014 continuation of custody trial; ohn M.�err b) That the Court require Defendant/Respondent Kristen Moore to s0 10 Ritter Road store,°g produce criminal background checks and childline clearances for Mechanicsburg,PA Moss 7.766.4 FAX:7l7 7.766.40666 Alan Cromer and Charles Galbraith at the December 22, 2014 FAX: continuation of custody trial; 4 c) That the Court require the Child, Alissa McCardell, to be brought to Court on December 22, 2014 to be interviewed by the court in chambers; and d) If the Court believes it necessary, that it schedule a second Pre- Trial Conference should the Court permit Kristen L. Moore to appear pro se. WHEREFORE, it is requested that the Court grant the relief identified at paragraph 17 (a) through (d) above, as the court deems appropriate. Respectfully submitted, John Kerr Law P.C. Jo M. Kerr, Esquire , PA I.D.No.: 26414 John Kerr Law, P.C. 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 Telephone: (717) 766-4008 Facsimile: (717)766-4066 john@johnkerrlawpc.com Attorney for Petitioner/Plaintiff Dated: December 11, 2014 Law Office of ohn M.�err solo Ritter Road Suite 109 Mechanicsburg,PA 17055 PHONE: 717.766.4008 Fnx:717.766.4066 5 DWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff/Petitioner V. 09-4240 CIVIL TERM KRISTEN L. MOORS, CIVIL ACTION—LAW PRIOR JUDGE: M. L. EBERT,JR. Defendant/Respondent MOTION TO WIT�IDRAW AND FOR CONTINUANCE AND NOW, comes the Defendant, Kristen L. Moore, by and through her attorney Brian C. Linsenbach, Esquire of STONE, DUNCAN & LINSENBACH, P.C., and files this motion to withdraw as counsel and to continue trial and respectfully states in support thereof the following: g 1. Undersigned counsel had a family emergency that occurred on Tuesday, October 28, 2014, which requires undersigned counsel to be away from the practice of law for several weeks and perhaps more than one month. 2. Due to the family emergency, undersigned will not be actively practicing law for some time and is the only attorney at the law firm that currently practices family law. 3. Therefore, to allow undersigned to attend to his family situation without prejudicing defendant in the pending action undersigned seeks permission to withdraw from the case and to continue the trial currently scheduled for December 8, 2014, to allow defendant time to seek competent counsel to replace undersigned and for said counsel to prepare for the trial. EXHIBIT 4. The continuance in this matter is necessary to allow replacement counsel to be Procured and to have adequate time to prepare the case and is not being sought for any prejudicial or improper purpose Wherefore, for the foregoing reasons, Kristen Moore, respectfully requests that this Honorable Court grant the motion to withdraw and continue the pending trial Respectfully submitted, 16 Date: BRIAN C. LINSENBACH, squire Supreme Court I.D. #87360 Attorney for the Defendant STONE, DUNCAN&LINSENBACH, P.C. 8 N. Baltimore Street Dillsburg, PA 17019 (717) 432-2089 (717)432-0158 (fax) DWAYNE E. MCCARDELL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA KRISTEN L. MOORE, DEFENDANT NO. 09-4240 CIVIL IN RE: MOTION TO WITHDRAW AND FOR CONTINUANCE ORDER OF COURT AND NOW, this 7th day of November, 2014, upon consideration of Kristen Moore's Motion to Withdraw and Continuance; IT IS HEREBY ORDERED AND DIRECTED that the Motion to Withdraw and for Continuance is DENIED at this time. Counsel has mistakenly indicated that the next hearing in this matter is scheduled for December 8, 2014. In fact, the next hearing is to be conducted on December 22, 2014 at 9:00 a.m. See attached Order. Given the fact that the next hearing is over six weeks away, should provide sufficient time to acquire new counsel and prepare for the continuance of the custody hearing. By the Court, 1�k A, M. L. Ebert, Jr., J John M. Kerr, Esquire Attorney for Plaintiff Brian Linsenbach, Esquire Attorney for Defendant C-, bas - cn+ - EXHIBIT a a 3 DWAYNE E. MCCARDELL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA KRISTEN L. MOORE, DEFENDANT NO. 09-4240 CIVIL ORDER OF COURT AND NOW, this 13" day of October, 2014, the custody hearing this date having not finished, IT IS HEREBY ORDERED AND DIRECTED that the hearing will continue all day on Monday, December 22, 2014, beginning at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Ix M. L. Ebert, Jr., J John M. Kerr, Esquire Attorney for Plaintiff Brian Linsenbach, Esquire Attorney for Defendant C q w, bas ' �' r-n c� o x�.'; J i f :r rn n (,*n--- �7( DZn- ?Cn C3 D� � Wit•. --t W .t0�11rn M. Kerr. I-sciuire — Uori<r November 13, 2014 VIA REGULAR MAIL AND FASCIMILE: 717 432-0158 Brian C. Linsenbach, Esquire Stone, Duncan, & Linsenbach, P.C. 3 North Baltimore Street Dillsburg, PA 17019 Re: McCardell v. Moore No. 09-4240 (Cumberland Co.) Dear Attorney Lisenbach: I am writing regarding the above-captioned matter. I received a copy of Judge Ebert's Order, dated November 7, 2014, denying your Motion To Withdraw and for a Continuance. I was never served with a copy of your Motion. I trust this was just an oversight on the part of your office and will not happen again. More importantly, I am wondering whether you will be remaining in the case for the December 22, 2014 Hearing, or whether Kristin Moore will be securing new counsel. Please advise me of Your intention re ardin this matter. On the evening of Monday, November 3, 2014, my client received a number of urgent messages from his daughter,asking that he telephone her.As it turned out,she was in the care of Charles Galbraith at Cromer's Personal Care Home.She was calling her father on Mr. Galbraith's telephone. When Mr. McCardell later spoke with Alan Cromer, he was advised that Kristin was in the barn unloading her truck;that Mr. Cromer was in the room next to Mr. Galbraith; and that Mr. Cromer frequently watches Alissa. I am respectfully requesting that, in accordance with paragraph 4d of the Order, dated August 13,2014, criminal background checks and childline clearances be furnished for Alan Cromer and Charles Galbraith since they both have "assume[d]a caretaker/babysitter responsibility for Alissa."That is now beyond debate. Thank you for your attention to this matter. Respectfully yours, �1! John M. Kerr EXHIBIT 5010 llitt(,r !�<>�ul, Suit(° IO<) M('('lMlli<:SlAll-�;. I'n 1 7055 71 7.7GG.,-1-OO<5 • l:�X: 71 7.766.406(i • I'MrUI.: 1 (>I)Il(�� 1 .I011rll:errl�lwlx .cx�rrt • www.jO DWAYNE E.MCCARDELL, IN THE COURT OF COMMA N PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff/Petitioner 09-4240 CPJiL TERM V. KRISTEN L.MOORS, CIVIL,ACTION—LAW : PRIOR JUDGE: M.L.EBERT,JR. Defendant/Respondent PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my name as counsel for the Defendant, Kristen L.Moore, for the above- mentioned case and term. Date: zz—rll Brian C.Linsenbach,Esquire Attorney ID#87360 Stone,Duncan&Linsenbach,PC 3 N.Baltimore Street P.O.Box 696 Dillsburg,PA 17019 TO THE PROTHONOTARY: Please enter my name, Kristen L. Moore, as Pro Se for the above-mentioned case and tern. Date: i i i 1 �S ] I� 1� � ►'Y�-c9�2 Kristen L.Moore 30 Pine Street Carlisle,PA 17013 DWAYNE E.MCCARDELL, =IN THE COURT OF COMMON PLEAS Plaintiff/petitioner CUMBERLAND COUNTY,PENNSYLVANIA V. 09-4240 CIVIL TERM KRISTEN L.MOORE, CSL ACTION—LAW Defendant/Respondent PRIOR JUDGE: M.L.EBERT,JR. PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my name as counsel for the Defendant, Kristen L.Moore, for the above- mentioned case and term. Date: ii Zr� Brian C.Linsenbach,Esquire Attorney ID#87360 Stone,Duncan&Linsenbach,PC 3 N.Baltimore Street P.O.Box 696 Dillsburg, PA 17019 TO THE PROTHONOTARY: Please enter my name, Kristen L. Moore, as Pro Se for the above-mentioned case and term. i Date: I i i Kristen L.Moore 30 Pine Street Carlisle,PA 170I3 EXHIBIT I DWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff/Petitioner 09-4240 CIVIL TERM V. CIVIL ACTION—LAW KRISTEN L. MOORE, , PRIOR JUDGE: M. L. EBERT,JR. Defendant/Respondent CERTIFICATE OF SERVICE The undersigned does hereby certify that on this day of 0►/C , 2014, 1 mailed by First-Class United States Mail, postage prepaid, a true and correct copy of the foregoing Praecipe to Withdraw and Enter Appearance to the following: Kristen L. Moore John M. Kerr, Esquire 30 Pine Street 5010 Ritter Road, Suite 109 Carlisle, PA 17013 Mechanicsburg, PA 17055 Brian C. Linsenbach, Esquire Attorney ID#87360 Stone,Duncan & Linsenbach, PC 3 N. Baltimore Street P.O. Box 696 Dillsburg, PA 17019 CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Plaintiff/Petitioner Dewayne E. McCarell's Motion for Pre-Trial Relief or, in the Alternative, for a Pre-Trial Custody Conference" on the below-named individual in the manner indicated: Via Fascimile Brian C. Linsenbach, Esquire Stone, Duncan, & Linsenbach, PC 3 North Baltimore Street Dillsburg, PA 17019 Via US First Class Mail Ms. Kristen L. Moore 30 Pine Street Carlisle, PA 17013 Ms. Kristen L. Moore Cromer's Personal Care Home 180 Quarry Hill Road Shippensburg, PA 17257 December 11, 2014 Joh . Kerr, Esquire 6 DWAYNE E. MCCARDELL, Plaintiff v. (] FHE Pt G HONO. it'iti� Zi] R DEC 15 PH 12: 14 7 C UNIBERLAND COUNTY : IN THE COURT OF COMM ~ k kiW : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-4240 CIVIL ACTION LAW KRISTEN L. MOORE, : IN CUSTODY Defendant : (JUDGE EBERT) ATTORNEY BRIAN C. LINSENBACH'S ANSWER AND NEW MATTER TO PLAINTIFF/PETITIONER DWAYNE E. MCCARDELL'S MOTION FOR PRE-TRIAL, RELIEF OR, IN THE ALTERNATIVE, FOR A PRE-TRIAL CUSTODY CONFERENCE AND NOW, comes Brian C. Linsenbach, Esquire of Stone, Duncan & Linsenbach, P.C., on behalf of himself only and not Defendant, Kristen L. Moore, and files this Answer and New Matter to Plaintiff/Petitioner Dwayne E. McCardell's Motion For Pre -Trial, Relief Or, In The Alternative, For A Pre -Trial Custody Conference, and respectfully states in support thereof the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The Child's appearance to be interviewed by the Court was requested by the Plaintiff/Petitioner. It was not brought up by Plaintiff/Petitioner's counsel at the pre-trial conference by his own mistake or omittance. 6. Admitted in part and denied in part. It is admitted there was a Motion to Withdraw and for Continuance. The Motion to Withdraw was filed by one of my partners on my behalf because I was out of the office on emergency family leave, at the Penn State Hershey Medical Center, because my grandson was the victim of child abuse and suffered severe brain trauma, and he was in a state of unconsciousness and the injury was near fatal. It may have been an oversight by my partner and staff not to serve a copy on Attorney Kerr. However, when the Motion was filed there was a self-addressed stamped envelope provided with instructions with the filing for them to send a clocked -in copy to Attorney Kerr. We cannot confirm whether or not the Court sent out that copy. 7. Admitted by way of further answer. The family emergency had occurred on October 28, 2014, when my grandson was admitted to the hospital from the child abuse, which resulted in severe brain trauma, and he was in the Penn State Hershey Medical Center up until Tuesday, December 9, 2014, which required me to be at the hospital every day. Now that he has come home, he is severely disabled and requires constant in-home care; therefore, limiting my practice until in fact arrangements can be made for additional caretakers for the child and/or his recuperation to the extent that he can at least start to move the left side of his body. 8. Admitted in part and denied in part. It is admitted that the Court Order denied the request for a continuance; however, the Order clearly stated that Defendant, Kristen Moore, would have "sufficient time to acquire new counsel." 9. Admitted in part and denied in part. I sent back a letter stating that he would be dealing with the Defendant, Kristen Moore. By way of further answer, I responded with a letter via fax and regular mail dated November 17, 2014, stating that Kristen Moore had set out to obtain new counsel, and I had not heard from her new counsel. (see copy of correspondence dated November 17, 2014, as Exhibit "A") 10. Denied. That statement is completely false. If Attorney Kerr did attempt to reach me, all of my staff knew about my family emergency. This averment from Attorney Kerr seems to 2 infer that I am lying about a family emergency, which is completely false. If need be, I can provide any necessary information to the Court to prove the emergency and the extent of the emergency. For some unknown reason, Attorney Kerr just seems to keep me involved in this case. 11. Admitted in part and denied in part. It is admitted that Attorney Linsenbach responded in writing that the court had granted his withdrawal motion. It is denied there was a misreading of the Court's Order on the part of Attorney Linsenbach. 12. Admitted in part and denied in part. It is admitted that a Praecipe to Withdraw my appearance and enter Kristen Moore's pro se was not purported to be filed; it was filed, and served upon Attorney Kerr. It is denied that the withdrawal was inappropriate, especially given the fact that the Court specifically stated that six weeks is sufficient time to Kristen Moore to acquire new counsel. I am not sure how much clearer this could be and why Attorney Ken is misunderstanding the Court's instructions. 13. Admitted in part and denied in part. It is admitted that Attorney Kerr sent a letter dated November 3, 2014. It is denied it was my responsibility to respond. 14. Denied. A response from me is no longer necessary. I am not the attorney on the case. 15. Denied. After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in the corresponding paragraph. 16. It is a legal conclusion to which no response is required. 17. It is a legal conclusion to which no response is required. However, to the extent an answer is required, undersigned counsel, hereby requests the Court uphold the Praecipe to 3 Withdraw as Counsel and not require undersigned counsel to represent Kristen L. Moore, and that Plaintiff be responsible for attorney fees and costs for undersigned counsel having to respond to this Motion. NEW MATTER 18. Undersigned Counsel previously filed a Motion to Withdraw and for Continuance due to a family emergency, which this Honorable Court denied but stated that "Given the fact that the next hearing is over six weeks away, should provide sufficient time to acquire new counsel." (Attached as Exhibit "B") 19. The continuance part of the Motion was at the request of the Defendant after she was informed of Counsel's family emergency by my staff and me. 20. After being notified on November 3, 2014, Defendant agreed to get new counsel. 21. Defendant withdrew all of her retainer as well on November 3, 2014. 22. Defendant also took her entire file with her on November 3, 2014. 23. Furthermore, Counsel did not bill her for any of the time for the previous trial date or any of the preparation for that trial. All those fees were waived. 24. From November 4, 2014 until November 24, 2014, neither Counsel nor his staff had heard from Defendant or new counsel for Defendant. 25. Counsel reiterated to Defendant that she needed new counsel and gave her an explanation of my family emergency, and the Defendant replied that she would get new counsel, but it won't be until a few days before trial. 26. Defendant has informed Attorney Linsenbach that she has new counsel. 4 27. Counsel's family emergency is that his grandson suffered severe brain trauma due to child abuse by the mother's boyfriend. Counsel had to take considerable time off to assist with the emergency and care for his grandson in the PICU unit at Penn State Hershey Medical Center. (See photo attached as Exhibit "C") 28. The child was recently released from the Penn State Hershey Medical Center, with the right side of his skull plate removed, and with limited mobility on his left side, to undersigned counsel's home. 29. Furthermore, Children and Youth Services placed the child in Counsel and Counsel's wife's full-time care for the time being and until he can be rehabilitated or once the extent of his injuries are known and can be accommodated. 30. Counsel needs time to take care of his grandson since his grandson will require a considerable amount of attention and care, assistance from a number of parties, but mostly Counsel and Counsel's wife. 31. Counsel seeks permission to withdraw from the case and pending action for all the following: a. Counsel has to attend to his family emergency and care for his grandson. b. Counsel is on a very limited practice schedule. c. Defendant had agreed to obtain new counsel and withdrew all her retainer and removed her file. d. Counsel had not .heard from Defendant since November 4, 2014 until November 24, 2014. e. Attorney Linsenbach is unaware of Defendant's efforts to obtain counsel. f. Counsel has offered to work with new counsel as much as possible to provide any necessary information. g. Furthermore, Counsel also believes that he cannot effectively and zealously represent Defendant in this current custody matter after being intimately involved with his grandson being abused by the mother's boyfriend. WHEREFORE, for all the foregoing reasons, Counsel respectfully requests that this Honorable Court uphold the Motion to Withdraw. December 15, 2014 Respectfully submitted, BRIAN C. LINSENBACH, Esquire Supreme Court I.D. #87360 STONE, DUNCAN & LINSENBACH, P.C. 3 N. Baltimore Street Dillsburg, PA 17019 (717) 432-2089 (717) 432-0158 (fax) 6 CDL STONE, D U N CAN, &LINSENBACH, PC Attorneys and Counselors 3 N. Baltimore Street Dillsburg, PA 17019 OFFICE 717-432-2089 FAX 717432-0158 www.StoneDuncan.com Duane P. Stone Jan M. Wiley" Jason B. Duncan' of Counsel Brian C. Linsenbach Also licensed In New Jersey November 17, 2014 Sent via ReRular Mail and Fax (717) 766-4066 John M. Kerr, Esquire 5010 Ritter Road, Suite 109 Mechanicsburg, PA 17055 RE: Dwayne E. McCardell v. Kristen L. Moore 09-4240 Civil Term Dear Attorney Kerr: With regards to Judge Ebert's Order, the Motion to Withdraw was granted but he denied the continuance. As stated in the Motion, I am dealing with a family emergency, and my practice is severely limited at this time. I have been out of the office, and my partner prepared the Motion and filed it on my behalf. I apologize for the oversight of not providing you a copy; however, there was an instruction to the Court, along with a self-addressed stamped envelope, for them to send you a copy as soon as it was clocked in. I am not sure what happened to that copy. Since the Motion to Withdraw was granted, Kristen was made aware of that prior to the Motion being filed, and she had set out to obtain different counsel. Subsequently, I have not heard from her or new counsel. BCUrlb Enclosure BRIAN C. LINSENBACH, Esquire The Key to Great Legal Services SM DWAYNE E. MCCARDELL, v. : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA KRISTEN L. MOORE, DEFENDANT : NO. 09-4240 CML IN RE: MOTION TO WITHDRAW AND FOR CONTINUANCE ORDER OF COURT AND NOW, this 7th day of November, 2014, upon consideration of Kristen Moore's Motion to Withdraw and Continuance; IT IS HEREBY ORDERED AND DIRECTED that the Motion to Withdraw and for Continuance is DENIED at this time. Counsel has mistakenly indicated that the next hearing in this matter is scheduled for December 8, 2014. In fact, the next hearing is to be conducted on December 22, 2014 at 9:00 a.m. See attached Order. Given the fact that the next hearing is over six weeks away, should provide sufficient time to acquire new counsel and prepare for the continuance of the custody hearing. By the Court, John M. Kerr, Esquire Attorney for Plaintiff Brian Linsenbach, Esquire Attorney for Defendant • bas DWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTEN L MOORE, DEFENDANT : NO. 09-4240 CIVIL ORDER OF COURT AND NOW, this 13th day of October, 2014, the custody hearing this date having not finished, IT IS HEREBY ORDERED AND DIRECTED that the hearing will continue all day on Monday, December 22, 2014, beginning at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ---,John M. Kerr, Esquire Attorney for Plaintiff Brian Linsenbach, Esquire Attorney for Defendant bas &3p:es railed 41- DWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner : 09-4240 CIVIL TERM v. : CIVIL ACTION LAW KRISTEN L. MOORE, : PRIOR JUDGE: M. L. EBERT, JR. Defendant/Respondent MOTION TO WITHDRAW AND FOR CONTINUANCE AND NOW, comes the Defendant, Kristen L. Moore, by and through her attorney Brian C. Linsenbach, Esquire of STONE, DUNCAN & LINSENBACH, P.C., and files this motion to withdraw as counsel and to continue trial and respectfully states in support thereof the following: 1. Undersigned counsel had a family emergency that occurred on Tuesday, October 28, 2014, which requires undersigned counsel to be away from the practice of law for several weeks and perhaps more than one month. 2. Due to the family emergency, undersigned will not be actively practicing law for some time and is the only attorney at the law firm that currently practices family law. 3. Therefore, to allow undersigned to attend to his family situation without prejudicing defendant in the pending action undersigned seeks permission to withdraw from the case and to continue the trial currently scheduled for December 8, 2014, to allow defendant time to seek competent counsel to replace undersigned and for said counsel to prepare for the trial. 4. The continuance in this matter is necessary to allow replacement counsel to be procured and to have adequate time to prepare the case and is not being sought for any prejudicial or improper purpose Wherefore, for the foregoing reasons, Kristen Moore, respectfully requests that this Honorable Court grant the motion to withdraw and continue the pending trial Respectfully submitted, Date: BRIAN C. LINSENBACH, q Supreme Court I.D. #87360 Attorney for the Defendant STONE, DUNCAN & LINSENBACH, P.C. 8 N. Baltimore Street Dillsburg, PA 17019 (717) 432-2089 (717) 432-0158 (fax) DWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. KRISTEN L. MOORE, Defendant : NO. 09-4240 CIVIL ACTION LAW • : IN CUSTODY : (JUDGE EBERT) CERTIFICATE OF SERVICE The undersigned does hereby certify that on this 15th day of December, 2014, a copy of the forgoing document was served on the below -named individuals in the manner indicated: Via facsimile John M. Kerr, Esquire 5010 Ritter Road, Suite 109 Mechanicsburg, PA 17055 Via US First -Class Mail Kristen L. Moore 30 Pine Street Carlisle, PA 17013 Kristen L. Moore 180 Quarry Hill Road Shippensburg, PA 17257 7 Brian C. Linsenbach, Esquire Attorney ID#87360 Stone, Duncan & Linsenbach, PC 3 N. Baltimore Street P.O. Box 696 Dillsburg, PA 17019 Shawn M. Stottlemyer, Esquire I.D. #312794 2 South Hanover Street Carlisle, PA 17013 717-243-4770 717-632-3612 (Fax) sms@mooney4.law.com 1. ) .0 DEC 17 PH 3: 54 CUMBERLAND COUNTY PEN. N�SYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Dwayne E. McCardell vs. Kristen L. Moore Plaintiff Defendant NO. 09-4240 - CIVIL ACTION IN CUSTODY HONORABLE JUDGE EBERT MOTION FOR CONTINUANCE AND NOW, comes Shawn M. Stottlemyer, Esquire, and files the following Motion for Continuance and respectfully represents: 1. The above -captioned action is scheduled for a Trial on Monday 12/22/14, at 9:00 AM. 2. Attorney for Defendant, Brian C. Linsenbach, Esquire, has withdrawn for the case due to personal reasons. 3. Defendant is seeking the counsel of the undersigned to represent her in the remaining portion of the custody trial. 4. The undersigned is scheduled for criminal court in Franklin County that morning and Dauphin County Court later the same morning and is unable to continue either case. 5. Additionally the undersigned has briefly reviewed the Defendant's file and I do not believe that I can provide adequate representation to Defendant in such a short period of time. 6. If this Motion is denied I cannot enter my appearance on behalf of the Defendant due to the conflict it creates in my schedule and I respectfully request that this Honorable Court not attach me to the case if this Motion is denied. 7. If this Motion is granted the undersigned will promptly enter an appearance on behalf of Defendant. 8. Counsel for Plaintiff, John M. Kerr, has indicated to the undersigned that his client is opposed to the request for continuance. WHEREFORE, the undersigned respectfully requests this Honorable Court to continue the Trial scheduled for 12/22/2014, at 9:00 AM, so that Defendant can appear with counsel or in the event that this Motion is denied, Shawn M. Stottlemyer, Esquire is not required to appear for trial on Monday December 22, 2014. Respectfully submitted, MOONEY & ASSOCIATES By. - Shawn M. Stottlemyer; Esquire I.D. #312794 2 South Hanover Street Carlisle, PA 17013 717-243-4770 717-632-3612 (Fax) sms@mooney4law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Dwayne E. McCardell, vs. Kristen L. Moore, Plaintiff, Defendant. NO. 09-4240 - CIVIL ACTION IN CUSTODY HONORABLE JUDGE EBERT CERTIFICATE OF SERVICE I, Shawn M. Stottlemyer, Esquire, attorney for the above Defendant, hereby certify that on this 17th day of December 2014, I have forwarded a copy of the Motion for Continuance, in the above -captioned action to the following individual(s) by facsimile and regular U.S. Mail as set forth below: John M. Kerr, Esquire John Kerr Law, P.C. 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 By. Respectfully submitted, MOONEY & ASSOCIATES Shawn M. Stottlemyer, Esquire Attorney for Defendant I.D. # 312794 2 South Hanover, Street Carlisle, PA, 17013 (717) 243-4770 DEWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA A -r V. rn KRISTEN L. MOORE, DEFENDANT : NO. 09-4240 CIVIL C CJ C ORDER OF COURT =� () ct, AND NOW, this 16t" day of December, 2014, upon consideration of DeWayne McCardell's Motion for Pre -Trial Relief Or, In the Alternative, For A Pre -Trial Custody Conference, IT IS HEREBY ORDERED AND DIRECTED that the Motion will be GRANTED in part and DENIED in part. 1. The request that the Praecipe to Withdraw and Enter Appearance dated November 25, 2014, filed by Brian Linsenbach, Esquire and Kristen Moore is struck is DENIED. Kristen Moore will be allowed to represent herself. 2. The request that the child, Alissa McCardell, be available for in camera interview on December 22, 2014, is GRANTED subject to the Court's determination that the child, age 6, is competent to testify. 3. The hearing currently scheduled for December 22, 2014, at 9:00 a.m. will now be a second pre-trial conference at which Kristen Moore shall appear Pro Se. At that time the Court will discuss with the parties the requirement of obtaining criminal records checks and childline checks for various care providers. By the Court, )1; ,./311n M. Kerr, Esquire Attorney for Plaintiff Linsenbach, Esquire Attorney for Defendant .4;<fisten Moore 0 Pine Street Carlisle, PA 17013 sten Moore 180 Quarry Hill Road Shippensburg, PA 17257 bas co t'ss-p2=iirrl. a apt/ DEWAYNE E. MCCARDELL, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTEN L. MOORE, DEFENDANT : NO. 09-4240 CIVIL ORDER OF COURT AND NOW, this 18th day of December, 2014, upon consideration Kristen Moore's Motion for Continuance, IT IS HEREBY ORDERED AND DIRECTED that the Motion for Continuance is GRANTED. Continuation of the hearing in this matter is now scheduled for Wednesday, February 4, 2015, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The child shall be present at the hearing for in chambers examination. IT IS FURTHER ORDERED AND DIRECTED that the Pre-trial conference previously ordered in this matter for Monday, December 22, 2014, at 9:00 is hereby CANCELLED. By the Court, John M. Kerr, Esquire Attorney for Plaintiff ./ Shawn M. Stottlemyer, Esquire nsten Moore 30 Pine Street Carlisle, PA 17013 /Kristen Moore, 180 Quarry Hill Road, Shippensburg, PA 17257 '€S irLat e-4_, c;_// epg '777) bas 'LA DEC 30 PM I: F._� CUUMBERLAi',ft C:OUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Dwayne E. McCardell, v. Kristen L. Moore, Plaintiff, Defendant. NO. 09-4240 CIVIL ACTION - LAW ACTION IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance in the above captioned matter on behalf of Defendant. Correspondence may be directed to me at the address below. By: Respectfully submitted, MOONEY & ASSOCIATES Shawn. M. Stottlemyer, Esquire Attorney for Defendant I.D. # 312794 2 South Hanover, Street Carlisle, PA, 17013 (717) 243-4770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Dwayne E. McCardell, vs. Kristen L. Moore, Plaintiff, Defendant. NO. 09-4240 CV CIVIL ACTION - LAW ACTION IN CUSTODY CERTIFICATE OF SERVICE I, Shawn M. Stottlemyer, Esquire, attorney for the above Defendant, hereby certify that on this 30th day of December, 2014, I have forwarded a copy of the Entry of Appearance, in the above -captioned action to the following individual(s) by regular U.S. Mail as set forth below: John M. Kerr, Esquire John Kerr Law, P.C. 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 B Respectfully submitted, MOONEY & ASSOCIATES Shawn M. Stottlemyer, Esquire Attorney for Defendant I.D. # 312794 2 South Hanover, Street Carlisle, PA, 17013 (717) 243-4770 2 501 o Ritter Road Suite 109 Mechanicsburg. PA 17055 PHONE: 717.766.4008 FAX 717.766.4066 Law Office of ohn M. err John M. Kerr, Esquire PA ID No. 26414 John Kerr. Law, PC 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 Telephone: 717-766-4008 Facsimile: 717-766-4066 iohn@johnkerrlawpc.com Attorney for Plaintiff THE PRr=OTH1CHO r'.� i 2kI,JAN -6 Ai 3! CUMBERLAND C(1JUNTY PENHSYLVAN!A DEWAYNE E. MCCARDELL, : IN THE COURT OF COMMON Plaintiff, : PLEAS : CUMBERLAND COUNTY, v. : PENNSYLVANIA • KRISTEN L. MOORE, : Docket No.: 09-4240 Defendants, : IN CUSTODY PRAECIPE FOR PRE-TRIAL CONFERENCE To: David Buell, Prothonotary Please schedule a Pre -Trial Conference in the above -captioned custody matter pursuant to Pa. R.C. P. 1915.4.4. The parties initial in-person contact with the court (conference with a conference officer or judge, conciliation or mediation) occurred on or about October 7, 2014. January 2, 2015 Caw Office of ohn M. err 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAX: 717.766.4066 Respectfully submitted, John Kerr Law P.C. Jo P n M. Kerr, Esquire ID No. 26414 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 Telephone: 717-766-4008 Facsimile: 717-766-4066 iohn@johnkerrlawpc.com Attorney for Plaintiff, Dewayne E. McCardell CERTIFICATE OF SERVICE The undersigned hereby certifies that she has served a copy of the foregoing, "Praecipe for Pre -Trial Conference" via U.S. First Class Mail, postage prepaid as follows: Shawn M. Stottlemyer, Esquire Mooney & Associates 2 South Hanover Street Carlisle, PA 17013 Ms. Kristen L. Moore 30 Pine Street Carlisle, PA 17013 Ms. Kristen L. Moore Cromer's Personal Care Home 180 Quarry Hill Road Shippensburg, PA 17257 January 6, 2015 2Law Office ofe otm M. rr 5010 Kilter Road Suite 109 Mechanicsburg, PA 17055 , PHONE: 717.766.4008 FAX: 717.766.4066 Gl`ori'a Fryer, paraLegaL