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Home My WebLink About94-02363 , "-', "i ., . ,Jo . . ~ *-*.~~--~~~~********)~.~-~~~-~~:~ i!! ---- ---- ------- ------------....'- -~- ---- , ~ * IN THE COURT OF COMMON PLEAS ~l' " ~ OF CUMBERLAND COUNTY DECREE IN..p,. D I V 0 R C \ dJ.. t:zJ'P).1. AND NOW, ~,I.c1, ,. " 19~"", it is ordered and decreed that, , , . , ,.I?~~~,I,~, !<P:.v~N, MUL~9,~~~~P' , . ", , ..' . ., , " plaintiff, and.""",. ,JilP,S,G ,l:'IM~:n:. M,l!~I:IP~~Jl.~P"" """,'.,..... .", defendant, are divorced from the bonds of matrimony. s w ',' STATE OF ~ ~ ',' * ,', ~ DENNI~,KEVIN MULHOLLAND, Plaintiff * i!" \'l'l':,lIS ~ ',' ROSE MARIE MULHOLLAND, Defendant ~ * $ $ ~ ':'/ ~) ") ~ ,'. * * s ~ * PENNA. i\ II, .....94"..2363 CI,UL,..T~JM * The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ,~ ~ ~ * ~ "" NONE, ,,:~I)~, 'p'iP;j:..i.~!? ~,Milr;!t.i\l, ~l'!,tUl'!/l\~l)t;, )\g.r~l'!/l\~I)j:., ,Qf. P,c:tOPl'!,r 7, ",,19,94, is, ,inc,oq)Qrated ,here.i,n, a,s. ,,!n, ,~~C!e~, ,o~, ~,~1.!~!:-,."""."", * ~ ~ ~. ~ * ,~ ~ ~ :;( ~ 7 __~_.. 0;...:- .:.:. .~:. .:.:. l7 ~I!&I /..? ...;7.:.#,. C":7 ;K ~hJ XJ..~.{~ Prolhonolary ~ -:$:' .:+:. .:.:- .:.:. .:.:. .:+:. .:+:.' J, 8 ~ ',' ,;, ~ ~ ',' ~ ',' 8 ~ ~ ,~ ,~ ~ ,', ~ ,~ ~ ~ ~ .', ~ ~ f~ ~ '.' ,;, ... ~ .... ~ ~, ~ ;;; " ~ '. ~ ..~ 8 ~ ~ ~ ',' ~ ',0 I~ ',' I~ ~ ~ ) , :~ .* '~ Po , ' i,', /~ oJ- , . l,/~ ,I)~~.Zi 0/ /-",./,59'y , , . MAR [TAL SETTLEMENT AGREEMENT 7d AGREEMENT, made t his ___ day 0 f CJc..lo be r . 19 9-1 . by and between ROSE M. MULIIOLLAND, hereinafter referred to as "Wife", and DENN[S K. MULIIOLLAND, hereinafter referred to 115 "Husband". WITNESSETH: WIIEREAS, the parties hereto are Husband and Wife. having been married on November 16, 1984, and there was one chi 1"d born of this marriage, Derek. born October 3. [985, and two chi Idren from Husband's prior marriage. Dennis Ryan, born July 1, 1981. and Dustin. born November 1. 1983. WHEREAS, diverse unhappy differences. disputes and difficulties have arisen between the parties. and it is the intention of Wife and Husband to live separate and apart for the rest of their natural I ives. and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other. including, without limitation by specification: the settling of all matters between them relating to the ownership of renl and personal property. the equitable distribution of such property; the settling of all matters between them re lat ing to the past, present and future support and/or maintenance or Wife by Husband or of Hushand by Wife; the settling of all matters relating to the custody of their minor chi ldren and. in general, the settl ing of any and all claims IInd possible claims hy one against the other or against their respective estates, . NOW, THEREFORE, in cnnsiderat ion of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the part ies hereto, Wi fe and Husband. each intending to be legally bound hereby, covenant and agree as follows: I . ^GRJ;;~~f:JIT...J'PT ~___lMIi._TQ_1U VOB.~.f_EJW(;..mm I NGS-,- Th i s Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce 9n lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and sha II no t be deemed a condnna t i on on the pa rt 0 f e i t he I' party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. 2, EFFECT OF DIVORCE DECREE. The parties agree that, unless otherwise specificully provided herein, this Agreement shal I continue in ful I force and effect after such time us a final decree in divorce may be entered with respect to the parties. It is the intent of the part ies hereto that this Agreement shall create contractual rights and obi igat ions ent irely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity, .:! . J, AGI!.m':MF,NLu'LQ_"Ilrt_tr-luG..QR~nB,~IF,I:LULJJJ VQRC'LJ)~;Rr;,F,u~ The parties agree that the tt:rm~ of this Agreement shill I be incorporated. but not merged, into any divorce decree which may he entered wi th respect to them, The part ies further ngree that the Court of Common Pleas which may enter such divorce decree shall rt:lain continuing jurisdiction over the partic~ and the subject mlltter of the Agreement for the purpose of enforcement of any of the provisions thereof. 4. PATE OF EXECllTtO_N-..'. The "date of execution" or "execution date" of this Agreement shal I be defined as the date upon which it is executed by the partie~ if they hnve each executed the Agreement on the same date, Otherwise, the "date of execut ion" or "execut ion date" of this Agreement shall be defined as the dllte of execut ion by the party last executing this Agreement, 5, ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Nora F. Blair, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Robert L. O'Brien, Esquire. The parties acknowledge that they fully understand the facts and have heen fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntari 1y, after hnving received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result IIf any collusion or improper or J illegal agreement or agreements, The parties further acknowledge thut they have euch made to the other 11 full and complete disclosure of their respective assets. estate. liabilities. and sources of income and that they wlli"e any specific enumeration thereof for the purposes of this Agreement. Elich party agree5 that he and she shall not, at any future time, raise as a defense or otherwise the lack of such discl05ure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 6. PER,<;O~Ar..-1UQIITS. Wife and Husband. Ilt all times hereafter. may and 5hall I iVt< sepllratt< and apart. Tht<y shall be free from any control. re5traint, interference or authority, direct or indirect. by the other in al I respects a5 fully as if they were unmarried, They may reside at such place or places as they may select. Each may, for his or her 5eparate use or benefit. conduct. carryon and engage in any business. occupation. prOfession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respecth'e families of each other or compel or attempt to compel the other to cohabit or dwel I. by any means or in any manner whatsoever, with him or her. ., SllnSEQUENT RECONCILIATION. The part ies agree that the tt<rms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations. unless the parties otherwise specifically agree in writing, -I 8, MUTU!iLJ!EU;;~~c;..B~'L.. Hushand antI Wi fe each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for nil time to come, and for all purposes whatsoever, of and from any and all ril/hts, title nnd interests, or claims in or agllinst the property (including income and gain from property hereafter accruing) of the other or against the estnte of such other, of whatever nature or wheresoever situate, which he or she now has or at any time hereafter may hllve against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or I iahi I ities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will: or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (II) Pennsylvania, (b) any State, Commonwealth or territory of the United States. or (c) any other country, or any rights which either party may have or at any time hereafter shall hnve for past, present or future support or maintenance, al imony, al imony pendente I ite, counsel fees. property division, costs or e:ipenses. whether arising as a result of the marital relation or otherwise. except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the hreach of any provision thereof. It is the intention of Husband and Wi fe to give to each other the 5 execution of this :\greement a full. compl"te and general relellse with respect to any and all property of any kind or nature, real. personal or mixed. which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provis ion thereof, I t is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may hllve against the other for equitable division of property, al imony, counsel fees and expenses, al imony pendente lite or any other' claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. RANK ACCOUNTS AND REl'l Rri.MJ~Nl'-1\CCOUNTS. Husband and Wife are the owners of individual hank accounts. retirement accounts, employee savings plnns and stock bonus plans, Husband and Wi fe agree that these accounts and plans shal I he the sole and separate property of the person in whose name they are titled and each party waives any right, title or interest they may have in the other party's accounts. Specifically, Husband releases all his right title and interest in Wife's federal retirement IInd feclernl pension, 10. PERSONAL -EBO~ERl'Y-,- Hu s hllnd and Wife do he reby acknowledge that they have divided or will divide in the near future their tangihle personal property, including. but without limitntion, jewelry. clothes, furniture. furnishings, rugs, carpets. household equipment and appl iances, pictures. books. works 6 business, Hushand's record albums, Ilushand's cassettes. and of art and other personal property, Husband agrees that all property lit the nlolri ta I res idence except as stated be Imy sha II be Wife's sole and separllle property. Wife agrees that the portable hal', the sterel1 syslem (consisting of a receiver, turntable, equlllizer, reel-t<'-reel. two speakers with stands, timer and dual cassette deck) that hrought into the marriage by Husband, the smull television and VCR which wos used by lIushand in his detective Husband's personal effecls "hall b~ given to Husband and shall be Husbllnd's sole and separate property, Except liS may be provided otherwise in lhis Agreement. Husband agrees that all property of Wife or in her possession shal I be her sole and sepurate property: Wife agrees that 01 I property of Husband or in his possession shall be his sole and separate property, The parties do hereby specifically waive, release. renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, 11. ,\FTI'R-ACQUJRED Pl'RSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independent Iy of any claim or right of the other, all items of personal property. tangible or intangible. hereafter acquired by him or her. with full power in him or her to dispose of the same as fully and effectively, in all respects and for al I purposes, as though he or she were unmarried, 12. REAL ESTATE. The parties arc the owners of a marital residence located at 325 Juniper Street, Carlisle, Pennsylvania, The marital residence shall be Wife's sole and separate property, ~ Wife shal I be solely responsible ror payment of the first mortgage on the marital residence and for payment of the second mortgage beginning with the payment due in September 1995. Husband agrees to make the payments on tbe second mortgage up to and including the payment due in August 1995. liS part of these funds were used for his business. wire shall indemnify and hold lIusband harmless for and against any claims arising out of her failure to make payments on the first mortgage or to make payments on the second mortgage for payments due after August 199:;, Husband sha II indemn i fv and . . hold Wife harmless for and against any claims arising out of his failure to make payments on the second mortgage for payments due before September 1995. Each purty agrees to execute all documents necessary to implement this paragraph, including a deed to be executed by Husband upon presentation by Wife, 13. AUTOMOBILES. The 1986 Oldsmobile Stetionwagon shall be wife's sole and separate property, The 1982 Ford XLT van shall be Husband's sole and separate property, Husband shall be solely responsible for payment of the loan for said van. Each party agrees to indemn i fy and hold the other party harmless for and against any and all claims arising out of the party's failure to make payments as specified in this paragraph. Each party agrees to execute al\ documents necessary to implement this paragraph. 14, HUSBAND'S BUSINESS, Husband has a detective business operated under the name of D. K, ~Iulhollund & Associates, wi fe agrees that all the right, title and interest in said business shall be lIusband's sole and separate property. 8 15, I.IFE IN.,'WRANCJL The parties are the owners of vnrious life insurance policies, The Jlolicies shall be the sole Ilnd separate property of the insured, Each party agrees to name as the beneficiary of their li!"e insurance policies a trust for the benefit of the party's children with ellc.:h child receiving ellual shares. 16. ~J!,!!,R-"N'LJ~L6JlI..l,!TJJ'S, The parties have accumulated various debt during the lIIarriage, Wi!"e shall be solely responsible for the payment of the two rrNE credi t cards. the loan taken out aga inst her federa I ret i rement and t he amount owed to PP&L for e Ie c t I' i c s e rv ice tot he lOa I' ita 1 I' e sid e n c e . Each party agrees to indemnify and hold the other party harmless for Ilnd against any and all claims arising out of the party's fai lure to make payments as specified, 17, ADOPTION, The parties filed an adoption action with the Cumberland County Court of Common Pleas, Orphan's Court Division at No, 87 Adoption 1<)93. for Wife to adopt Dennis Ryan and Dustin. The parties agree to take al I steps necessary to continue with the adoption process find to direct theil' attorneys to process the adoption paperwork and request a hearing on the adoption as quickly as possible. Husband agrees that if his death shall occur prior to completion of the adoption proceeding, Wife shall be named guardian of Dennis Ryan and Dustin and that his Executor or Administrator is directed to proceed with the adoption, 18, CUSTOQ.YLVISITATION. The parties shall share physical and legal custody of the three minor chi Idren. Wi fe shall have primary <J physical custody of Derek and IIushand shal I have prilllary physical custody of Dennis Ryan and Dustin, IIushand shall have partial physical custody of Derek on alternating weekends frolll Friday at 6:00 p,m. to Sunday at 7:.10 1',11I. and at such other times as the parties may agree, Wife shall have partial physical custody of Dennis Ryan aed f)u~tin on alternating weekends frolll Friday at 6:00 1'.111, to Sunday lit 7:.101'.111. and at such other times as the parties lIIayagree, These alternating wl'ckend visits shall be structured so that 1111 .three hays arc in the custody of onc .of the parents each weekend. Wife agrees to transfer to Husband all itellls belonging to Dennis Ryan and Dustin includinl' all of their clothing, toys, trophies and personal belongings, including thc hedroom set. 19, HOLIDAYS. Wife shall have all three boys for Mother's Day weekend and Christmas Eve at 2:00 p.m. to Christmas Day at 2:00 p,m. each year and IIusband shall have all three boys for Father's Day weekend and Christmas Day at 2:00 p,m. to Decemher 26 at 2:00 p,m. each year. The halance of the Christmas holiday from school shall be shared equally hy the part ies wi th all three boys together for the entire school recess, Easter weekend, Thanksgiving weekend from Wednesday after school to ~Innday at 7:.10 p.m.. and ~ew Years Eve at 6:00 p.m. to New Years Day at ~:JO p,m, shall be alternated by the part ies so that a II three hoys arc together wi th one of the parties for each of the holidays. Wife shall have all three boys for Thanksgiving weekend in even numbered year,; and for Easter weekend and New Years Day/Eve in odd numbered years. Husband shal I have al I three hoys for Thanksgiving weekend in odd numbered years 10 and for Easter weekend and :O:ew Year" Day/Eve in c'ven numhered years. For all other \Ionday or Friday holidays. all three hays shall be with the party who have them for the attached weekend, All three boys shall spend any schoo I hreaks work schedu I es. the part i es wi II agree as parent will he fllJ' th..t time. together, Dased upon to who the custodial 20. Sl1M~tEJLY!K~,]'J,Qtf . All t hr'.!e hoys shall he together for the summer \'acation. Custody shall alternate in two week intervals from Wi fe to lIusband, 21. CIII.1J1...SUPI,:Q1r!:. lIushand acknowledges that he owed to Wife chi Id support in the amount of five thousand dollars (55,000,001, Wi fe acknowledges that lIusband has paid three thousand dollars (53,000.00) to her in the form of a certified check, Husband agrees to pay the balance of two thousand dollars ($2,000,00) by cert ified or cashier's check no later than December I, 1994, Wife and Husband each agree not to seck chi Id support from the other party, Wife shall maintain health and dental insurance coverage on all three minor chi Idren. 22. WAIVEH OF !~AYMENT OF I.EG~.L...J.'J~I~S...," Each party shall be responsihle for payment of their own legal fees. 23. AL IMONY ANIL!)U...Mo.NY YJ,NPJ,!'!,nLklJ'~..." wi fe and lIusband do hereby waive, release and give up any rights they may respectfully have against the other for any al imony, support or maintenance. It shall he, from the execution of this Agreement, the sole responsibility of each of the rcspecti\'e parties to sustain themselves without seeking any additional support from the other. II 24, t!lm:lJA!,__mf'{SI~tl,J~!21 VORCI:;, The parties agree and acknowledge that their marria)!c is irretrievably broken. that they do not desire marital counselling. and that they both consent to the entry of a decree in divorce pursuant to Section JJOI(c) of the Pennsyl\'ania Divorce Code, Act 26 of 1'130, as may be amended (herein referred to as the Code). Accordingly, both parties agree to forthwith execute such c.,nsents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavi ts, or other d,)cuments as mny be necessary to prompt Iy proceed to obtain n di\'orce pursuant to said Section JJOl(c) of The Code. Upon request, to the extent permitted by the law amI the applicable Rules of civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce, 25, WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or I iabi I i ty or obI igat ions for which the estate of the other party may be responsible or I iable, except as may be provided for in this Agreement. Each party ngrees to indemnify and hold the other party harmless for and against any and all such debts, I iabi lit ies or obI ignt ions of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 26. WARRANTY AS TO_H[!'lll!.!LQIIIJ-';;.I,\:rJ.9N1!. Wi fe and Husband each covenant, warrant, represent and agree that, wi th the except ion of obligations set forth in this Agreement, neither of them shall 12 herenfter incur any I iabi I i ty whatsoever for which the estnte of the other may he liable. Each pnrty shall indemnify and hold harmless the other party for and against any nnd 01 I debts. charges and liabilities incurred by the other ufter the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement, 1- - I. WAIVER OR MOIJII'ICATION T.P-1lE_IN WJU,TI.,NG. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties. and no waiver of any breach hereof or defaul t hereunder shall he deemed a waiver of any subsequent default of the same or similar nature. 28, MUTUAL C',-OOPERATION. Each purty shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and del iver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 29. LAWS Os PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 30. AGREEMI<;NT_DINDlliCLJJl'IRS. This A,\!reement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs. executors, administrators. successors assigns. 13 and .1 I, OT.!!Ji!L!)()clJMJir~n.''''I'LQ!cl", wi fe and lIusb.lIld covenant and agree that they will forthwith (and within at least ten (10) days after demand therefor) execute IIny and all written instruments. assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. .12. NO_WAIVER 0I~-D.!iFA!JI.1~ This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement, The fai lure of ei ther party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect th':, right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof he construed as a waiver of any subsequent default or hreach of the same or similar nature, nor shall it be construed as a wniver of strict performance of any other obligations herein. .1J, ENFORCEMENT OF AGREEMENT. If either party hreaches any provision of this Agreement, the other party sha II Illl\'C the right, at his or her selection, to sue for damnges for such hreach or to require specific performance. The party hreaching this Agreement shall be responsible for payment of legal fees nnd costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedics of rei ief as may be available to him or her, .14, SIWERAI3 [I.ITY. If nny term. condition. clause or provision of this Agreement shnll be determined or declared to be 14 void or ,nvalid in law otherwise, then only thllt term. condition. clause or provision shall be stricken frolll this I\greernent and. in all oth'H respects. thi" .\greement shull he valid /lnd continue in fu II force. effect and operat ion. Likewise, the failure of any party to meet her or his ob I igat ions lindeI' anyone or more of the paragraphs herein. with the exception of the satisfaction of the conditions precedent. shall. in no wny. ,'oid or alter the remaining obligations of the parties. 35, HEADINGS NOT PART OF AGREEMENT. Any hea~ings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a pnrt of this I\greement, nor shall they affect its meaning. construct ion or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day nnd year first above written. rl-?~ ~ WI NESS - ~M~ WITNESS ~A1I1/ A Il,L__ DENNIS K. ~~ ) 5 ,~it;AtJIr';~..",- COMMONWEALTH OF PE1\NSYI.VA:-JI:\ : ss, COUNTY OF DAUPIlI:-J On this. the ~day of 191V hefore me a Notary Puhlic of the Commonwealth of Pennsylvania personally appeared ROSE M. MULlfOLLAND known to me to be the person whose name is subscrihed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official sea 1, ~l,l Notary Puhlic (SEA!.) My Commission Expires: . NOTARIAL SEAL ROBIN M, BOMGARDNER. Nolary Putlic City of Harrisburg. Dauphin County M', Commiss:.,n Excires Acril 15. ,ggG 16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF -8,,111'111 N Cu.mbe'rla~ : ss . On this, the 7t.1 --- day of ,__Oc. ~,(LOO:- , 19 q'f hefore lIIe, a Notary Public for the COllllllonwealth of Pennsylvania, personally appeared DENl'IS K. ~tULlIOLLAND known to me to be the person whose nallle is suhscribed to the wi thin Agreement and acknowledgeel that he executed the Sllllle for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set lilY hand anel official se 11 1. -~~~ Notary bile (SEAL) My Co NobiJI $.;al Ar;re~, E Urv;o',r.Il.:",'Y PlJb'c CM~: H:m. LUII.to tl!afd C1lsi!y M/C,'~nrl\ ~qll r;:.f,,:.,'nO:t. ",1996 . ........_------~ h'r";':r, "(;;1 ll~;....'-'.:!!..:i'~"....::llxnot. ;:.t.rr-13 1-: 1 ,',,c"... _h".~ '.""11' ~.,.. - .- .'""'--",.,, ",...--~,~--'- ~~.~ _._-~._j . DEe III II 0.. AH '9~ . ., : l. OfFtCE OF ," _ <: f!OW;T^~Y CU"liEHL"~U C0LiiTY PEH~~rt'i.~t1~t. . . . . r.-M'C._,"""".~' ,",,-~""""'~-_"____'''_.'''' .. .",...__._--,,^,.,"- ------------..--- T .. ,~ " ... - ,..,.-Or n_~_~ DENNIS KEVIN MULHOLLAND, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROSE MARIE MULHOLLAND, Defendant NO. 94-2363 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAEC:?E :0 ::u::s:-!n RECOR::> Io the Prothonotary: Irans~it the recor~. together ~ith the following in:o~ation, to the court for ent~/ of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (201(c)) CfmI~~) or the Divorce Code. (Strike out inapplicable section.) Z. Date and :anner or se~lice of the c~m~laint: an acceptance of service on December l4, received a copy of the divorce complaint Defendant signed 1994 stating that sne on or about May 4, 1994. 3. (Complete either paragraph (a) or (b) .) (a) Date or exec~tion or the affidavit of c~nsent required by Section 201(c) of the Divorce Code: by the plaintiff December 13, 1994 . . by defendant November l6, 1994 . (b) (l) Date of exec~tion or the plaintiff's affidavit required by Section 20l(d) of the Divorce Code: na (2) Date of service of the plaintiff's affidavit upon the defendant: na 4. Related claies pending: none 5. Indicate date and manner or se~tice of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 20l (d) (1) (i) or the Divorce Code. na Robert L. :J2c~~ - I?" '--) Attorne:, tor \ _a:l.nt:.=: O'Brien, ESO:\Defendant) '~;\ " "...~, ""'L. \ ;.,...,.".".. Dee III II tl4 MI '911 'III~~ OF -:"; '!i()": LHI'. CUt:! ~!. I',' ;'.t! Y PUrt1';:;,":., ',.;:. .. .,~.-...--~. - -- '"lj;~iI :''!;>''.~~' :Wi'. . ~ ... II . ..-- " t , ':'\"'" ,\ ; ....""'\ , ! ':'\ -.. ,"., " .~".; \, I- d , :c: "'-- .... V'I N ~.. -'C.' ~~ T ...1. " , , .~~. . I ~: .' ' C, \ . I VJ '0 \Or) ~ It} I . '-.J.() ........ .......... ~ I.. ..1 c l'l ,\t\ I"( V) - .~ ~ <:., ~ - <::-; l.--., ~ ..- o~ ~ :.1 '.:::l- r- .~ IJ- ,,"I -::r- 1"\'") .~ ..... '- . 1:"- ~~~ ~ ""3" en - -:r ,.. . d, > ' .5) -..l - ~ ( .J ~ j~ ~ ..J--1) ~ , .oJ ----1.-,. ,... ... :0:: .,. J' ~ ~ is ~ ~ ~ '" ffi ~i o ~ ~ ~ o ~ :s ..... 2 :s '" . U) > II :s t.Ll 2 Cl ... 3 III ~ ~ ~j <( .. )0 ~ z ,. o w J: Z I- II: Z 0 <( ~ <( J: ~ .. w on !: ~ , - <II <( "a. w w ~ ~ II: <II ::J u m Z <II " Z . W . Q, .j Q, .. J: !!illl :z: ~ ..... 0 :z: ~ U) ~ t.Ll i I :z: S t.Ll !;J ~ ~ !$ ...l ..... ..... Cl c.i ~ :z: :z: u ..... Cl ~ 5 8 ~ ~ ~ t.Ll ~ , . , . . , . Ho ANTHONY ADAMS ATTORN'EY AT LAW 128 EAST KI~a STF~CiT. SUIH ,.. SHIPPENSBURG, PA 17257 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH NO. q 4 - ,)..!J(P:; DENNIS KEVIN MULHOLLAND, PLAINTIFF {~~ dtA-,rJ CIVIL ACTION - LAW VS. IN DIVORCE ROSE MARIE MULHOLLAND, DEFENDANT NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A 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 cuztody or visitation rights 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 Cumberland County Courthouse, 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. Court Administrator Cumberland County Courthouse Carlisle, pa 17013 (717)-240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENNIS KEVIN MULHOLLAND, PLAINTIFF NO. VS. CIVIL ACTION - LAW ROSE MARIE MULHOLLAND, DEFENDANT IN DIVORCE COMPLAINT TO THE HONORABLE, THE JUDGES OF SAID COURT: The Plaintiff, by his attorney, H. Anthony Adams, Esquire files the following Complaint in Divorce, and avers the following: COUNT I: IRRETRIEVABLE BREAKDOWN 1. Plaintiff is Dennis Kevin Mulholland, who currently resides at 268 West South Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Rose Marie Mulholland, who currently resides at 325 Juniper Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 16, 1984 in Shippensburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. COUNT II - EQUITABLE DISTRIBUTION 9. The allegations as set forth in Paragraphs 1 through 8 are incorporated herein by reference. 10. The Plaintiff respectfully requests the Court to equitably divide the martial properties of the parties, both real and personal. COUNT III - CUSTODY OF MINORS 11. The allegations as set forth in Paragraphs 1 through 10 are incorporated herein by reference. 12. The Plaintiff seeks joint custody (both physical and legal) of the following children: a. Dennis Ryan Mulholland, age 12, of 325 Juniper Street, Carlisle, PA 17013. b. Dustin Allen Mulholland, age 10, of 325 Juniper Street, Carlisle, PA 17013. c. Derek Jason Mulholland, age 8 of 325 Juniper Street, Carlisle, PA 17013. 13. The children are presently in the custody of Rose Marie Mulholland, who resides at 325 Juniper Street, Carlisle, PA 17013. 14. During the past five years, the children have resided with the following persons at the following addresses: Dennis K. Mulholland and Rose Marie Mulholland 325 Juniper Street, Carlisle, PA 17013 15. The mother of Derek Jason Mulholland is Rose Marie Mulholland, currently residing at 325 Juniper Street, Carlisle, PA 17013. 16. She is married. 17. The mother of Dennis Ryan Mulholland and Dustin Allen Mulholland is Deborah H. Mulholland, currently residing at 401 Sarah Lane, Apartment D9, Haysville, Kansas 67060. 18. Said Deborah A. Mulholland is Divorced. 19. The father of all the children is Dennis K. MUlholland, currently residing at 268 West South Street, Carlisle, PA 17013. 20. He is married. ,""'" 21. The relationship of plaintiff to the children is that of father. 22. The Plaintiff currently resides with Kathy Marie Zeigler, a friend. 23. The relationship of Defendant to the children is that of natural mother to Derek Jason Mulholland and adoptive mother to Dennis Ryan Mulholland and Dustin Allen Mulholland. 24. The Defendant currently resides with the following persons: Dennis Ryan Mulholland - adoptive son Dustin Allen Mulholland - adoptive son Derek Jason Mulholland - natural son 25. plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. The court, term and number, and its relationship to this action is: adoption proceedings of Dennis Ryan Mulholland and Dustin Allen Mulholland. 26. plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 27. Plaintiff knows of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights within respect to the children. The name and address of such person is: Rose Marie Mulholland of 325 Juniper street, Carlisle, PA 17013. 28. The best interest and permanent welfare of the children will be served by granting the relief requested because it is in the best interest of the children and it will further the stability of the family unit that has existed since the marriage of the paries. 29. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. Wherefore, Plaintiff requests the Court to grant shared physical and legal custody of the children. Respectfully submitted, 3: H. Anthony A Attorney f r Plaintiff 128 E. King street Shippensburg, PA 17257 (717)-532-3270 1. D. #25502 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ . . JJ.dJ~"- Denn s Kev n ulholland Date: l./ ,),s-tjLL , , <D OJ a: c '" 0 " oi ~ ; N - '" - " " " m ~ 0 - N 0 " 0( :! tLlii .. D- u ~ <C ~ ;;: ~ " a: !l ... a: ... o :l 00 Iii m ... Z ~ ~ o IJ) " .. - a: a: 0( :I .. . . DENNIS KEVIN MULHOLLAND Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-2363 v CIVIL ACTION - LAW ROSE MARIE MULHOLLAND, Defendant IN DIVORCE ABSWER '1'0 COMPLAINT IN DIVORCE COUNT I - IRRETRIEVABLE BREAKDOWN 1. Admitted. 2. Admitted, 3, Admitted. 4. Admitted, 5. Admitted, 6. Admitted. 7 , No response required. 8. No response required. WHEREFORE, Defendant respectfully requests that Your Honorable Court enter a Decree of Divorce, COUNT II - EQUITABLE DISTRIBUTION 9, The responses to paragraphs 1 through 8 are incorporated herein by reference as though set forth in full, 10, No response is required. WHEREFORE, Defendant respectfully requests that Your Honorable Court equitably divide the marital property of the parties, COOlft' II - CUSTODY OF HIRORS 11, The responses to paragraphs 1 through 10 are incorporated herein by reference as though set forth in full, 12, Denied as stated. To the contrary, Plaintiff has indicated that he wants to allow Defendant to adopt Dennis and Dustin and be the primary custodian for the children, Plaintiff has only within the last few weeks (specifically following the domestic relations conference) indicated that he wanted any more than vi~itation time with any of the three children. 13, Admitted. 14. Denied as stated, Although the children have resided at 325 Juniper Street, Carlisle, Pennsylvania, 17013 for the past five years and Rose Marie Mulholland has resided in the residence with the children continuously for the past five years, Plaintiff was absent from said residence from February to June, 1988; from December, 1992 to May, 1993; from June 21, 1993 to on or about March, 1994; and from April, 1994 to present, 15, Admitted. 16, Admitted. 17, Admi t ted in part, denied in part, I t is admitted that the biological mother of Dennis Ryan Mulholland and Dustin Mulholland is Deborah Mulholland and that she currently resides at 401 Sarah Lane, Apartment D9, Haysville, Kansas. It is denied that Deborah A. Mulholland is Deborah H, Mulholland. 18, Admitted, 19, Admitted, . . 20, Admitted. 21. Admitted. 22, Admitted in part, denied in part, It is admitted that Plaintiff resides with Kathy Marie Zeigler, It is denied that Plaintiff resides with her only as a friend, Upon information and belief Kathy Marie Zeigler is Plaintiff's paramour and she plans to move out of state with Plaintiff, 23, Admitted. In further response, although Defendant regards herself as the mother of all three minor children, at this point she is the step-mother to Dennis and Dustin and hopes to become their adoptive mother, 24. Admitted. In further response, although Defendant regards herself as the mother of all three minor children, at this point she is the step-mother to Dennis and Dustin and hopes they become her adoptive sons. 25, Admitted, 26. Admitted, 27, Denied, To the contrary, the person who is not a party and who could potentially have custody or visitation rights with the children is the biological mother of Dennis and Dustin, Deborah A, Mulholland, Deborah A. Mulholland has signed a Consent to Adoption to allow her biological children to be adopted by Rose M. Mulholland, 28, Denied. It is specifically denied that it is in the best interest of the children to reside with Plaintiff, To the contrary, it is in the best interest of the children to maintain the status quo and have the children continue to reside in the only stable environment they have known, that is, with Defendant. 29. Denied, Although the biological mother of Dennis and Dustin has consented to the adoption of her children by Defendant, her parental rights have not been terminated and she has not been named as a party to this action, WHEREFORE, Defendant requests that Your Honorable Court grant primary physical and legal custody of the three minor children to Defendant with liberal visitation to Plaintiff. ully submitted, Blair SU reme Court ID #45513 5440 Jonestown Road P,O, Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 ,0 , VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and " . ," belief. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. '~llt~~ . " . CERTIFICATE OF SERVICE I hereby certify that on this 31st day of May, 1994, a true and correct copy of the foregoing document was served on the following person by United States Mail, postage prepaid, addressed as follows: H. Anthony Adams, Esquire 128 E, King Street Shippensburg, PA 17257 Robert L. O'Brien O'BRIEN, BARIC & SCHERER 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, r//'.~ Blair Supreme Court ID #45513 5440 Jonestown Road P,O, Box 6216 HarriSburg, PA 17112-0216 (717) 541-1428 .' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA DENNIS KEVIN MULHOLLAND PLAINTIFF NO. 94-2363 CIVIL ACTION - LAW VS. IN DIVORCE ROSE MARIE MULHOLLAND, DEFENDANT AFFIDAVIT OF SERVICE H. Anthony Adams, Esquire, being duly sworn according to law deposes and states that a complaint in divorce was mailed to Rose Marie Mulholland, of 325 Juniper Street, Carlisle, Cumberland County, Pennsylvania 17013, certified mail, return receipt requested and was accepted on delivery by Rose Marie Mulholland, on May 11, 1994 as shown by the attached receipt. ~~J~ ::-J H. Anthony A ams ~re - Attorney for Pl intiff 128 E. King street Shippensburg, PA 17257 532-3270 Swor~ to and subscribed this I'~~ day of July, 1994. (aUI' JJ h j (,(c- / J/~~rp Notary Public ' My Commission Expires: -~--'--'"-----'_.''''''--''' ..-."."." ~""",-'",~.( NOTARIAL SEAL D~WN MARIE SHOOP, Notary Public ShlPPBnsburg, Cumberland County P.!I My Commission Explras Feb. S. ~4,9~ ! ,... I . c:,w~,~.itllnl 1 and/or 2 fOf .ddltloMl ..rAce.. I .tlO wllh to fee.13th. I . Complet. It,"" 3. and .. . b. following ,.rYlee. Ifar In xtr. I . Print your name and addr... on lhe rev.rI. of ,hi, form to Ihlt w' Cln f..): "turn tN. Clld 10 you. ~ . AlUeh .hI, form '0 ,he Iron. of ,he m,"ploeo. Of on .... bock If '.OCO 1. 0 Add'....... Addr. 0 ' do.. not permit. J . Wrn. "R.tum Rec.lpt R~l1td.. on the m"tpitcI bMow the .rUe" number 2. 0 Reetrlcted DeUvery S. . 11M R.tum Rec.lpt win mow to whom the .rtidl WI' dellvtted and the date " g d.llver.d. Conlult a.tm.ater for fee. ;: 'i 3. Artlel. Addr.llod to: 4., Artiel. Numb.. II: i Rose M. ~ll1li1011and Z 715 8 2 8 6 ! Ii 325 JunilJCr St;:cet 4b. S.rvle. Typ. cl! II 0 Rogl.t.,od 0 'nlured Carlisle, PA 17013 [}Certlllod 0 coo ,~ o Expre.. M.n 0 R.tum Ree.lpt fo, ~ 7. O.t. of o.nv.ry J! . L ~~ & .. 8. Addressee'. Address IOnlv If '8\,ted JIC and f.. II p.ldl Iii -' ~ . Oeeembar 1991 *U...GPO: '__714 DOMESTIC RETURN RECEIPT " >, . ~... ,_ ,,~_"', ~,,~:;;;~~~,~;,:tjj~i~~~~,~~i.~~~~A~;~;,., \ . "'.'.~"'..>" .-~~ ...~'1.'.y.i...! ,~t>'t..._~~~",:'''.~'rl.t~ li"'."t; ",' _.~., ~-""""" -.. \ .. .. ,.-" "., ......,.'M.".t~."'.:l~t'....~........~........ .,_...,___........~'W"'l"Il'f\'~~ /' , ; " " < " I ., :-r , "1 '.l <, \.,' ~ 0,;;, ,'j , , , '...... .. '," JUl II 2 2~ PH '9~ Ii' .. t,LrJ, :!flrt: .wt\ '!.r,\ i;'r '" t. , -,- :-'iJ.{"n. /.'1','. . . " . ~ \ J . , 4 . ~- - ~ ~ "........,......,.....,~"II;"'_....."--~._-~----~_.--_.~.- _._...---....~ooi~ . , " " . ',' .'i>''''' .'" ~~..........._- -I .. . . .. . . " . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DENNIS KEVIN MULHOLLAND, Plaintiff ROSF. M~RIE MULHOLLAND, Defendant NO. 94-2363 CIVIL ACTION-IN DIVORCE ACCEPTANCE OF SERVICE AND NOW THIS 14th day of December, 1994, I, Rose Marie Mulholland, Defendant in the above-captioned divorce action, do hereby certify that I did receive a true and correct copy of the complaint in divorce on or about May 4, 1994. ~Jr;MU~~~J! ROSE MARIE MUL OLLAND ' , ..,.0,';..;, ,",.' ,.'_:L"";""f"':\"'~' ,~. , .~. "'l'ii'~~iL~l~~~.';-. ".. .',', ~-;"~""~If_~.J':""- ;.~.....~...:~~;~.",~~f ,'" " ,'.,' ,"': p' -' ..t-,,:-~.';t'~,jf, \ ,-, ,,~f,.!;;:;~'.";-" . ._,._.____~.~.~.~ ~ .4_ ~J...,.,~.J;;..1.~Jl,1lI".......~._"r'~.~Jr "'~" .1::1 r~r_ r'P_ GEe 1'1 II uild '911 'J,'. . , ) ,- - .~~---...~ ,,~.- .-....-.-. .1.<1"-' .; ............. ,,__,'4_~~__' , :.. J ~ ... " " .. .....;,. ...........-. -f;' . .'l....J;! ~,~..-f'.t. . .. . DENNIS KEVIN MULHOLLAND; Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW v. ROSE MARIE MULHOLLAND, Defendant NO. 94-2363 CIVIL TERM CIVIL ACTION-IN DIVORCE AFFIDAVIT OF CONSENT 1. ]I. Complaint in Divorce under section 3301 (c) of the Divorce Code was filed on May 4, 1994 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 6. I am not a member of the armed forces, nor in active military service, of the united States of America or the Commonwealth of pennsylvania. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification to autho~ ' / fJ.{~f -L Date: 12/13/94 _....~~ ~_,...,_...:..._;...~ ..r....!. :,;.t;~....~._......,,,, Dee 1'1 II u4 :,i/ '911 . l;i ' CUt.,,;:.!.. fi:IJ;t; ',. I II; ~ : !1;J~t ',' '.\hY ';~ t''' rdY ',. <~ .\ II'.'" . ~ 'i t . ~ . ~ , .--:..~ ,.;,~ '''''. ..,'...... .~'-._-..' ., r II~t.'r~: ~1 ,- . 11 ~ f' . \ ) .. . -.~.."" .. ... , , . " - .~, . <:-;.. .--. " " - -'''''''-~."..... . VB. : IN THE COURT OF COMMON PLEAB I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 94-2363 CIVIL TERM DENNIB KEVIN MULHOLLAND plaintiff . . ROBE MARIE MULHOLLAND, Defendant : CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3101(C) of the nivorce Code was filed on May 4, 1994. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that if a claim of alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. 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 l8 Pa. C.S. S 4904 relating to unsworn falsification to authorities. DATED: /tJ ll.J-tytJt./ ~ Dee III 1I11~ AH '9~ . . Of'.. .; :(il CUI l;~ liJ.~': '(.'J,~' j ..' ~i.:\,-, ~'I I "t: '1' . t 1',1 y, -'.I'il:' '. " ~ t w ... . ....' "~"~~'~'A.;,..t;..hI....~,' ,',"':';;'.~ .:: ,:' '. - .... .~1~.:'~...c;\<'-w.e."'---""'-'''''-'''~'~'''---'---''''-'--''''''-'' -'. '-;1&)~~r!t'f"""~"';"~'.~ - 1/ , , --.,---1'-" , . '" , " '. 1 .'. .--. Law Offices O'BRIEN, BARIC Ii SCHERER 17 West South Street Carlisle, Pennsylvania 170/3 Steven J, Fishman Of Counsel Robert L. O'Brien David A. Baric Michael A. Scherer (717) 249.6873 FAX (717) 249.5755 October 14, 1994 HAND DELIVERY The Honorable George E. Hoffe~----____, Court of Common Pleas of C.J,Hllberland Cou .. Cumberland County court~use 1 Courthouse Square r/ . ' Carlisle, pennsYlv~1a 17013 ' RE: Mulholland v. Mulholland No. 94-2363 e Dear Plea e be advised that the parties i~e above referenced case have come to an agreement. I am wait1~9to receive the written agreement at thi time. Please disconti'1uEY"fhe custody matter scheduled for Monday, OctOD 17, 1994 at 9 :.3D.-a-:in. ...----- Very truly yours, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire RLO/au cc: Dennis Mulholland Nora F. Blair, Esquire (by telefax) File II " JUL 15 1994 J'c- iDENNIS KEVIN MULHOLLAND, I; Plaintiff ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2363 CIVIL TERM Ii vs. : ROSE MARIE MULHOLLAND, , Defendant CUSTODY ORDER OF COURT 'f'<. AND NOW this 1 ~ day of the !'\' ~1Jt.(lV/ // P " above matter to be held in Court Room count~ Court House on 4i;?(~~ {I , 1994, a hearing is hereby scheduled in J ~ of the Cumberland No. 'in Carlisle, Pennsylvania, commencing at --t~3 L' o'clock ~m" the 17 f1V day of -iL'../..r2w-v , 1994, Counsel for each of the parties is di rected to file with the Court and serve upon opposing counsel, at least twenty (20) days prior to the date of the hearing, a list of witnesses they intend to call at the hearing, which list shall include the name, ,address, daytime and home phone number of the witness, and a general summary of the nature of the witness's testimony. Each of the parties and their counsel are hereby directed to make reasonable efforts to obtain the current address of the biological mother of the children, Dennis and Dustin. In the event they are successful in obtaining such an address, each of the parties is directed to provide Debra Mulholland with written notice of this action and , the hearing scheduled above and to provide such address to the other paity and their counsel, By the Court, >-, <.CJ -C.. J. Robert L, O'Brien, Esquire - C<>1\w.ot J.. ~ J'J...... Attorney for Plaintiff \J () u ,u:.c v. II Nora F, Blair, Esquire Attorney for Defendant '1/ I kill 'I ~f. ('.1"'& r>,,(~..L,L sla r/I ~ 0 0 7- .. ~ " < " < ~ " ~ ~ ~ j '" z :< .. 0: ~ ~ z < 5 ~ :.- :t It: " 0 III :.- ~ " z o w ci Z ;:l Z W < = ;: '" .. '. 0 0: '" ...... ~ 0 z Z r/I < " :.- ~ " 0 ~ " :>: z w .. -< J U L 1 5 1994 \ ...._"N"..........'f DENNIS KEVIN MULHOLLAND, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs, ) ) NO. 94-2363 CIVIL TERM :ROSE MARIE MULHOLLAND, ) Defendant ) CUSTODY JUDGE PREVIOUSLY ASSIGNED: The Honorable George E. Hoffer CONCILIATOR CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5,3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this :,litigation is as follows: I! i CURRENTLY IN CUSTODY OF NAME BIRTHDATE Dennis Ryan Mulholland ,Dustin A. Mulholland : : Derek J. Mulholland 2 July 1981 2 November 1983 3 October 1985 Defendant/Mother Defendant/Mother Defendant/Mother 2. A Conciliation Conference was held on 22 June 1994 and the following ,'individuals were present: the Plaintiff's attorney, Robert L. O'Brien, Esquire; the Defendant and her attorney, Nora F. Blair, Esquire (the Plaintiff did not appear). 3. Items resolved by agreement: None. 4. Issues yet to be resolved: Primary physical custody of all three children and a schedule for custody. 5. The Plaintiff's position on custody is as follows: The Plaintiff is the father of all three children and contends that he should be awarded primary physical custody of all three for several reasons, First, the Defendant herein is not the natural mother of the two older children, but only their stepmother, The father feels 1 Ii I i he should be awarded custody of those two and, because he does not want to separate the three children, that custody of all three should be awarded to him. Second, he contends that the mother does not properly supervise the children and, as a result, they are doing poorly in school and have recently developed discipline problems in which the local pOlice have been involved. 6. The Defendant's position on custody is as follows: The mother wants primary custody of all three children to continue in her. Although she is only, biologically, the stepmother of the two older sons, she claims to be their psychological parent, since both children have lived with her for at least ten years. During that time she was the primary caregiver, and claims she was the only consistent parent to the ,children. She wants the children to remain in Carlisle, where they are well established and are doing well in school. She claims the father plans to move from the ,area and wants to take the children with him, which will be disruptive to all three ichildren. Finally, she claims the father has been physically abusive to her in the :ipresence of the children which has greatly traumatized and upset them. , II 7, Need for separate counsel to represent children: the conciliator sees no need 'for independent counsel for the children and neither party made such a request to the : conciliator. 8. Need for independent psychological evaluation or counseling: the conciliator : sees no specific need for independent counseling and neither party requested it. 9. Other matters and comments: Although the mother is only technically a stepparent to the two older boys, it is likely they have formed a great attachment to her, since they have lived with the family for ten years. The father acknowledged that when he joined her in an adoption 2 .~);.t}~jc" action, whereby the mother was to adopt the two older boys, which was filed with our court in November of 1993, Although the father will probably now withdraw from the adoption action, the fact that he filed it is a serious indication that he was satisfied with the mother's maternal relationship with these children. The biological mother of Dennis and Dustin is named Debra Mulholland and neither 'party claims to know her exact whereabouts, although they believe she lives in Kansas, I have provided in the order scheduling a hearing that each party make a reasonable effort to provide Debra Mulholland with notice of this action and of the hearing. The mother is employed at the New Cumberland Army Depot as a personnel officer and [:works Monday through Friday from 6:30 to 4:30 with alternating Fridays off, In i' Ii i,addition, she works as a waitress at Appleby's Bar and Restaurant Friday and Saturday ii 'from 5:00 p.m, to 1:00 a.m, one weekend and Sunday from lO:OO to 4:00 on the other " I ': weekend (which is when the father has the chi ldren) , She lives in what was the mui tal [ residence prior to the parties' separation, which is one-half of a double house in ,Carlisle with three bedrooms. The father is self-employed as a private investigator, His work schedule varies ,and takes him out of town (which is where his attorney explained he was the day of our conciliation conference). The father claims he works most daytime, lie lives in a "house with his girlfriend, Kathy Zeigler, who is presently pregnant to him, He and Ms, Zeigler have plans to move to Virginia later in the summer and he desires to take the three boys with him, Because the father did not appear, I had no success in conciliating the parties' differences. His attorney's instructions, apparently, were to insist upon primary custody of all three children and there was no negotiation accomplished, Accordingly, a hearing will be necessary to resolve the issues, 3 I have attached an order scheduling a hearing and providing for an exchange of iwitnenses and reasonable efforts to notify the biological mother. I expect the hearing !will take one day but I doubt if it will take any longer. I suggest a hearing be ,scheduled sometime after the end of the summer so that the father's living arrangements 'in Virginia can be properly presented to the court. : 14 July 1994 ,8An~ Custody Conciliator 4 DENNIS KEVIN MULHOLLAND, Plaintiff ) ) ) ) ) ) ) CUSTODY vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2363 CIVIL TERM ROSE MARIE MULHOLLAND, Defendant ORDER OF COURT AND NOW this day of , 1994, a hearing is hereby scheduled in the above matter to be held in Court Room No. of the Cumberland County Court House in Carlisle, Pennsylvania, commencing at o'clock _.m., on the day of , 1994, Counsel for each of the parties is directed to file with the Court and serve upon opposing counsel, at least twenty (20) days prior to the date of the hearing, a list ot witnesses they intend to call at the hearing, which list shall include the name, address, daytime and home phone number of the witness, and a general summary of the nature of the witness's testimony. Each of the parties and their counsel are hereby directed to make reasonable efforts to obtain the current address of the biological mother of the children, Dennis and Dustin. In the event they are successful in Obtaining such an address, each of the parties is directed to provide Debra Mulholland with written notice of this action and the hearing scheduled above and to provide such address to the other party and their counsel. By the Court, Robert L. O'Brien, Esquire Attorney for Plaintiff J. Nora F. Blair, Esquire Attorney for Defendant sla III OJ Q .. q a: -< N 0 N - :J 0: .. - .. Z " .- N 0 - ., OJ ~ " ~ . 0- ... ., lL '" u ci VI ... iC <l: Z .. a: !: a: g 0 ~ t- O 0 0- m '" Z ., 1I !!l ., VI a: a: 0( J: MAY 3 1 189Jt v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2363 DENNIS KEVIN MULHOLLAND, Plaintiff/Respondent ROSE HARlE MULHOLLAND, Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE AND NOW, _ J R D E Rf"J j 0 'II! " day of -4 V,,\, 1994, upon this consideration of Defendant/Petitioner I s petition for Emergency Custody Order, IT IS HEREBY ORDERED AND DECREED that it is in the best interest of the minor chi ldren to maintain the status quo until further Order of this Court and therefore Rose Marie Mulholland shall have primary physical and legal custody of Dennis Ryan Mulholland, born July 2,1981, Dustin A. Mulholland, born November 2, 1983, and Derek J, Mulholland, born October 3, 1985, IT IS FURTHER ORDERED AND DECREED that a custody conciliation conference shall be set immediately in this matter. J. . . "- ~..,...,.-, , Q JUH / 4": i1'9~ ~ '1" (, 11,\ "Y , , " DBNNIS KBVIN MULHOLLAND, Plaintiff/Respondent IN THB COURT OF COHHON PLBAS CUMBBRLAND COUNTY, PBNNSYLVANIA v NO, 94-2363 ROSB HARIB MULHOLLAND, Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCB ORDBR _or__ C_OURT AND NOW, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before ,______,____, Esquire, the Conciliator, at _", _____",..,_.., , Pennsylvania, on____ _.. __ the ________________day of____, ,____" 1994, at __m_"" o'clock ,m. for a Pre- Hearing 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. Either party may bring the child who is subject of this custody action to the conference, but the children's attendance is not mandatory, Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order, For the Court: Dated: By:__ Custody Conciliator YOU SHOULD TAKE THIS PAPBR TO YOUR LAWYBR AT ONCB. IF YOU DO NOT HAVB A LAWYBR OR CANNOT AFFORD ONB, GO TO OR TELBPHONB THB OFFICB SBT FORTH BBLOW TO FIND OUT WHBRE YOU CAN GBT LBGAL HBLP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 ~:'~ ;. ' ,:".-, .< , v IN THE COURT OF COMMON PLEAS CUHBERLAND COUNTY, PENNSYLVANIA NO. 94-2363 DENNIS KEVIN HULHOLLAND, Plaintiff/Respondent ROSE HARlE HULHOLLAND, Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE PETITION FOR EHERGENCY CUSTODY ORDER 1. Petitioner is Rose M. Mulholland, who resides at 325 Juniper Street, Cumberland County, Carlisle, Pennsylvania, 17013. 2. Respondent is Dennis K. Mulholland, who resides at 268 West South Street, Cumberland County, Carlisle, Pennsylvania, 17013. 3. The parties are the parents of one minor child Derek J. Mulholland, born October 3, 1985. 4. Respondent is the natural father of Dennis Ryan Mulholland, born July 2, 1981 and Dustin A. Mulholland, born November 2, 1983. 5. An adoption Petition was filed with the Cumberland County Court of Common Pleas, Orphans' Court Division on November 24, 1993 requesting that Petitioner become the adoptive mother of Respondent's two minor children, Dennis and DU3tin. 6. From September, 1983 to June, 1984, Respondent had custody of his minor child Dennis Ryan while he was stationed in Germany after his first wife left in September. 7. Respondent and his minor child, Dennis Ryan, often visited with Petitioner during the time Respondent was stationed in Germany and Petitioner was stationed in Holland. 8. On July 2, 1984 Petitioner and Respondent had Ryan in their custody and picked up Dustin who was then nine months old from his natural mother in Texas. 9. Petitioner and Respondent then moved to Pennsylvania in July, 1984 with both of Respondent's minor children, Dennis Ryan and Dustin. 10. Petitioner has been the primary caregiver for all three minor children and is the only mother they have ever known. 11. Father intended to go forward with the adoption and have all three minor children reside with Petitioner. 12. In Count III, paragraph 23 of the Divorce Complaint filed by and verified by Respondent, Petitioner was referred to as the "adoptive mother" of Dennis and Dustin. 13. In Count III, paragraph 24 of the Divorce Complaint filed by and verified by Respondent, Dennis and Dustin are referred to as the "adoptive sons" of Petitioner. 14. On May 11, 1994 Respondent left the Domestic Relations Conference and telephoned Tony Sangiamo, Esquire, the attorney handling the adoption and informed him that he was withdrawing his consent to the adoption. 15. Upon information and belief Respondent's unwillingness to proceed with the adoption is based only on the fact that he does not want to pay support. 16. Petitioner has been the only parent that has cared for the three minor child continuously since July, 1984. 17. Respondent has moved in and out of the marital residence on a number of occasions, specifically he has left as follows: a. Respondent left the marital residence in February, 1988 to live with Nancy Tuttle. He returned home in June, 1988. b. In December, 1992, Respondent left the marital residence to again live with Nancy Tuttle. He lived there until May, 1993. c. On June 21, 1993, Respondent left the marital residence to live with Kathy Zeigler. He returned home sometime in February or Harch of 1994. d. On or about April, 1994, Respondent again left the marital residence to live with Kathy Zeigler. 17. During each of these times of absence from the marital residence when Respondent lived with various girlfriends, he left all of his minor children in the care of Petitioner. 18. Upon information and belief, Respondent intends to move out of the state with his two minor children. 19. Upon information and belief, Respondent intends to deny Petitioner the right to see his two minor children. 20. Respondent's two minor children and the parties' minor child have been together since the birth of Derek on October 3, 1985. 21. It is in the best interest of all three minor children for them to remain in the same household with Petitioner who has been the primary caregiver and the only parent who has been in their lives continuously. WHEREFORE, Petitioner respectfully requests that Your Honorable Court grant her temporary custody of the three minor children with visitation to Respondent until a full hearing on this matter. Respectfully submitted, c---: .~ ~ oaF. Blai~ S reme Court ID #45513 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and . . .' belief. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4ge4 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that on this 31st day of Hay, 1994, a true and correct copy of the foregoing document was served on the following person by United States Hail, postage prepaid, addressed as follows: H. Anthony Adams, Esquire 128 E. King Street Shippensburg, PA 17257 Robert L. O'Brien O'BRIEN, BARIC & SCHERER 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, No a F. Blair Supreme Court ID #45513 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 >< t<- E-o l>l H ZZ 0-1 . 00 l>l Q ~8 I>: . Z ;;: >< ~ Q", <..., < Q .., 0 0-1 E-o Z'" 0-11:: 0-10-10 >- i5 UQ< I>: <.... 0-1", E-o ~ ~ < I Hill = ZH H 0 0-1..., 0'0 >0 U :S t<-<Z U 0 0-1 I:: :Cl:: II) z 00-1< l>l U 0 0-1 QI ZHU ::l 011 ~ < 1>:> :c.... 0", OU..... !,/ > 0.. 0-1 '" U 0 ~ E-ol>lo-1 III t<- O.... . ~Q1 H",l>l i5 Ci: z '" 1>:P=l>< 0 > E-o",U < ~ 0~1Il ~o.. l>lQ " -< :r I>: U",I>: OOZ I>: H <NO :5 CC :r 0 >- UUZ l>l III I>: > ffi ~ ~ l>l t<- Q H < o-1'H l>lt<-o.. Z I>: Z ~ HqoQ Ci: or> :CO 0 0 Z >'" CC o{! < E-o l>l l>l H Z <:> u III H Q III U H E-o Z< H 0 Hl>l E-o I>: 0-1 l>l 0.. 0.. . . .J DENNIS MULHOLLAND, Plaintiff IN THE COURT OF COMMON PLEAS OF CUHBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 9'1-2.3.bS CIVIL 1994 IN DIVORCE/CUSTODY V. ROSE MARIE MULHOLLAND, Defendant AND NOW, ,~ ORDER OF this ~ day of , 1994, upon review of the attached Petition for filed by Plaintiff/Petitioner Dennis MUlholland, a Rule is issued upon Defendant/Respondent Rose Marie Hulholland to show cause why the relief requested should not be granted. SAID Rule returnable at ,~ Iltd... day of 91' .1J. Courtroom # '- 1 , . of the hearing set for Ikltul~__ , the :J. 1J7J <LJIl</p.m., in , 1994, at Cumberland County Courthouse, carlisle, Pennsylvania. J. Il, ) 11.1 L; I lic; rli '9~ . '. ~ . , DENNIS MULHOLLAND, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 1994 V. ROSE MARIE MULHOLLAND, Defendant IN DIVORCE/CUSTODY PETITION FOR SPECIAL RELIEF 1. Petitioner is Dennis Mulholland, Plaintiff in the above- captioned action. 2. Respondent is Rose Marie Mulholland, Defendant in the above- captioned action. 3. The subject of this Petition concerns the natural children of Dennis Mulholland; Dennis Ryan Mulholland, age 12, born 7/2/81 and Dustin Allen Mulholland, age 10, born 11/2/83. Rose Marie Mulholland is the step-mother of these children. The parties have a child, Derek Jason Mulholland, age 8, born 10/3/85. 4. Since the parties separated, the boys have stayed with their step-mother. The Petitioner father intends to take custody of his children, Dennis and Dustin, and is filing a custody complaint requesting primary custody of Derek. 5. The children, Dennis and Dustin have their belongings such as clothes, toys, books, beds, mattresses, dressers, etc., at the Respondent's residence and Petitioner wishes to collect these items when he takes custody of the children. 6. Petitioner anticipates that Respondent will be resistive to cooperating in giving the children's belongings to him. ij#::' '.{or:"'" WHEREFORE, Petitioner respectfully requests that the Court set a hearing and order and direct that Respondent that Respondent deliver the children's belongings to Petitioner. Respectfully submitted, O'BRIEN, BARIC & SCHERER BY: =-~AJiA- Robert L. O'Brien, Esquire Attorney for Plaintiff/Petitioner I. D. # 28351 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-6873 I verify that the statements made in the foregoing Petitioner for Special Relief 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. ~J~d . DENNIS LHOLLAND- Date /1Jj}I~1/ /f)I/ ,/ MAY 31 1994cUv DENNIS KEVIN HULHOLLAND, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUHBERLAND COUNTY, PENNSYLVANIA NO. 94-2363 CIVIL ACTION - LAW IN DIVORCE v ROSE HARlE MULHOLLAND, Defendant/Petitioner ORDER AND NOW, this..)",/. day of .jl.L~ 1994, upon consideration - of Defendant/Petitioner's Petition - for Emergency Custody Order, IT IS HEREBY ORDERED AND DECREED that it is in the best interest of the minor children to maintain the status quo until further Order of this Court and therefore Rose Harie Hulholland shall have primary physical and legal custody of Dennis Ryan Hulholland, born July 2, 1981, Dustin A. Hulholland, born November 2, 1983, and Derek J. Hulholland, born October 3, 1985. IT IS PURTHER ORDERED AND DECREED that a custody conciliation conference shall be set immediately in this matter. /5( TR~E COpy FROM RECORD In Tesljm(JII~' whereof, I here unto set my hand and IhA seal of sa at Carl, Isle! ~i T~i..L A.. ~ 1~ L ( DENNIS KEVIN HULHOLLAND, Plaintiff/Respondent v IN THE COURT OF COHHON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2363 ROSB HARlE HULHOLLAND, Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE ORDBR OF COUR~ AND NOW, (,- '3 - 'I t( upon consideration of the attached Petition, it is hereby dire~ed that the partie~and their respective counsel appear before . ~. ...r L. IIndc-s /,'-5f( , Esquire, the Conciliator, at.. l. r-n- , Pennsylvania, on___J.~'I'(~~.~ _().' the ..;;l. n c; day of~lAn6' , 1994, at ~ o'clock .m. for a Pre- Hearing Conference. At such Conference, an ef ort 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. Either party may bring the child who is sUbject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. For the Court: Dated: b-3-ct~ By 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 LBGAL HELP. OFFICE OF THE COURT ADHINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 ..".~.. ..~_.~ , JUH 3 ~ 57 .'H '9~ "I t " . :!I', ,; y "~ .." DENNIS KEVIN MULHOLLAND, Plaintiff/Respondent v IN THE COURT OF COMMON PLEAS CUHBERLAND COUNTY, PENNSYLVANIA NO. 94-2363 CIVIL ACTION - LAW IN DIVORCE ROSE HARlE HULHOLLAND, Defendant/Petitioner PETITION FOR EHERGEHCY CUSTODY ORDER 1. Petitioner is Rose M. Mulholland, who resides at 325 Juniper Street, Cumberland County, Carlisle, Pennsylvania, 17013. 2. Respondent is Dennis K. Hulholland, who resides at 268 West South Street, Cumberland County, Carlisle, Pennsylvania, 17013. 3. The parties are the parents of one minor child Derek J. Mulholland, born October 3, 1985. 4. Respondent is the natural father of Dennis Ryan Hulholland, born JUly 2, 1981 and Dustin A. Hulholland, born November 2, 1983. 5. An adoption Petition was filed with the Cumberland County Court of Common Pleas, Orphans' Court Division on November 24, 1993 requesting that Petitioner become the adoptive mother of Respondent's two minor children, Dennis and Dustin. 6. From September, 1983 to June, 1984, Respondent had custody of his minor child Dennis Ryan while he was stationed in Germany after his first wife left in September. 7. Respondent and his minor child, Dennis Ryan, often visited with Petitioner during the time Respondent was stationed in Germany and Petitioner was stationed in Holland. 8. On July 2, 1984 Petitioner and Respondent had Ryan in their custody and picked up Dustin who was then nine months old from his natural mother in Texas. 9. Petitioner and Respondent then moved to Pennsylvania in July, 1984 with both of Respondent's minor children, Dennis Ryan and Dustin. 10. Petitioner has been the primary caregiver for all three minor children and is the only mother they have ever known. 11. Father intended to go forward with the adoption and have all three minor children reside with Petitioner. 12. In Count III, paragraph 23 of the Divorce Complaint filed by and verified by Respondent, Petitioner was referred to as the "adoptive mother" of Dennis and Dustin. 13. In Count III, paragraph 24 of the Divorce Complaint filed by and verified by Respondent, Dennis and Dustin are referred to as the "adoptive sons" of Petitioner. 14. On Hay 11, 1994 Respondent left the Domestic Relations Conference and telephoned Tony Sangiamo, Esquire, the attorney handling the adoption and informed him that he was withdrawing his consent to the adoption. 15. Upon information and belief Respondent's unwillingness to proceed with the adoption is based only on the fact that he does not want to pay support. 16. Petitioner has been the only parent that has cared for the three minor child continuously since July, 1984. 17. Respondent has moved in and out of the marital residence on a number of occasions, specifically he has left as follows: a. Respondent left the marital residence in February, 1988 to live with Nancy Tuttle. He returned home in June, 1988. b. In December, 1992, Respondent left the marital residence to again livo with Nancy Tuttle. He lived there until Hay, 1993. c. On June 21, 1993, Respondent left the marital residence to live with Kathy Zeigler. He returned home sometime in February or Harch of 1994. d. On or about April, 1994, Respondent again left the marital residence to live with Kathy Zeigler. 17. During each of these times of absence from the marital residence when Respondent lived with various girlfriends, he left all of his minor children in the care of Petitioner. 18. Upon information and belief, Respondent intends to move out of the state with his two minor children. 19. Upon information and belief, Respondent intends to deny Petitioner the right to see his two minor children. 20. Respondent's two minor children and the parties' minor child have been together since the birth of Derek on October 3, 1985. 21. It is in the best interest of all three minor children for them to remain in the same household with Petitioner who has been the primary caregiver and the only parent who has been in their lives continuously. WHEREFORE, Petitioner respectfully requests that Your Honorable Court grant her temporary custody of the three minor children with visitation to Respondent until a full hearing on this matter. Respectfully submitted, Road 17112-0216 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and . . ,'belief. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that on this 31st day of May, 1994, a true and correct copy of the foregoing document was served on the following person by United States Hail, postage prepaid, addressed as follows: H. Anthony Adams, Esquire 128 E. King Street Shippensburg, PA 17257 Robert L. O'Brien O'BRIEN, BARIC & SCHERER 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, No a F. Blair Supreme Court ID #45513 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 7/r. t'}'f - .) J t._~ CLi.~ 'Tti-.- CERTIFICATE OF SERVICE I hereby certify that on this 7th day of June, 1994, a true and correct copy of the Order of Court setting a Custody Conciliation Conference for June 22, 1994 at 1:00 p.m. was served on the fOllowing persons by United States Mail, postage prepaid, addressed as follows: H. Anthony Adams, Esquire 128 E. King Street Shippensburg, PA 17257 '-_ ..c. or. '-'" Robert L. O'Brien O'BRIEN, BARIC & SCHERER 155 South Hanover Street Carlisle, PA 17013 - ~ .<=' .' - ' ---~ - -'-" ~ Respectfully --J L !/Y. lr Supreme Court ID #45513 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 .---- --........ ....) ",l!.~.,)lofJ ,- . NORA F. BLAIR 5440 Jonestown Road (717) 541-1428 At torney At Law Harrisburg, PA 17112-0216 P.O. Box 6216 FAX (717) 541-1429 CLIENT:\-- ' '{d...t1..1~ (kef q 4-;(3~ 3 DATE: {) I/ILL '0 ICJqt/ PLEASE FIND ENCLOSED FOR FILING THE FOLLOWING DOCUMENT(S): _DIVORCE COMPL,\INT _PRAECIPE TO WITHDRAW _STIPULATION _ORDER' ___AFFIDAVIT OF SERVICE ___DEED _PRAECIPE TO E~TER _ACCEPTANCE OF SERVICE ___CUSTODY COMPLAINT _PETITION _ANSWER _PRAECIPE TO _VITAL RECORDS FORM TRANSMIT RECORD ___AFFIDAVIT OF CONSENT ___DIVORCE DECREE(S) , _MARITAL SETTLEMENT ~OTHER: AGREEMENT U-iJ.:LL ~ {oiL ALSO ENCLO~D: ~) ~LF-ADDRESSED STAMPED ENVELOPE 11../lLd...ZC _CHECK _OTHER: Amoun t s PLEASE TIME STAMP AND RETUR~ THE COPIES TO MY OFFICE. YOUR ASSISTANCE IS GREATLY APPRECIATED. ~ ~ ROSE MARIE MULHOLLAND, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . V. : . . DENNIS K. MULHOLLAND, . . Defendant : 94-2363 CIVIL TERM Proceedings were held before the HONORABLE GEORGE E. HOFFER, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, June 2, 1994, in Courtroom No. Three. APPEARANCES: NORA F. BLAIR, ESQUIRE For the Plaintiff ROBERT L. O'BRIEN, ESQUIRE For the Defendant ,~ ,... ~ I N D E XES WITNESSES: PLAINTIFF'S WITNESS ROSE MARIE MULHOLLAND Direct Examination by Ms. Blair Cross-Examination by Mr. O'Brien Redirect Examination by Ms. Blair Recross-Examination by Mr. O'Brien Redirect Examination by Ms. Blair DEFENDANT'S WITNESS DENNIS K. MULHOLLAND Direct Examination by Mr. O'Brien Cross-Examination By Ms. Blair * * * EXHIBITS: DEFENDANT'S 1 - Group of checks MARKED 21 ADMITTED ._C~;o. ",.'>f PAGE 4 9 16 20 23 PAGE 24 33 ~ ~ 1 June 2, 1994 2 Carlisle, Pennsylvania 3 4 (Whereupon, the following proceedings were 5 held.) 6 THE COURT: The record should reflect that I 7 just met with counsel before the hearing started, and we 8 have a petition filed by each side for special relief, both 9 parties essentially demanding the same thing, and that would 10 be that they have temporary custody of the three children 11 named in the petition pending the full conciliation and 12 possible hearing thereafter should the conciliation not 13 work. 14 I have indicated to counsel that I will not 15 allow this special relief petition to be made into a 16 full-blown custody hearing, and I have given counsel 17 directions that I want to hear the whereabouts of the 18 parties from the last time that Dennis Mulholland has 19 allegedly left the marital residence. So Mrs. Blair, we'll 20 start with your testimony. 21 MS. BLAIR: Okay. I would like to call Rose 22 Mulholland. 23 Whereupon, 24 ROSE MARIE MULHOLLAND, 25 having been duly sworn, testified as follows: 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pennsylvania. ".~. :,~.;>,",.~. 1"'\ ~ MS. BLAIR: Please state your name. THE WITNESS: Rose Harie Mulholland. MS. BLAIR: And your address? THE WITNESS: 3125 Juniper Street, Carlisle, THE COURT: You're both going do have to speak much louder than this, please. You will not offend anyone in the courtroom. DIRECT EXAHINATION BY MS. BLAIR: Q And how long have you lived there? A I moved into that residence approximately October, November of 1984. And are you married? Yes, I am. And your husband's name? Dennis Kevin Mulholland. And do you have any children? I have one child with Dennis and two Q A Q A Q A stepsons. Q A And their names? Dennis Ryan, Dustin Allen, and Derek Jason we have together. Q And what school do your children attend? A My two younger children attend Letort 4 ~ ~ 1 Elementary here in Carlisle, and Ryan attends Lamberton 2 Middle School. 3 Q Now, when was the last time that your husband 4 resided in the marital residence? 5 A The last time we resided in the marital 6 residence, he came home approximately the end of March, 7 1994. 8 Q Before that, how long was he there at that 9 time at the end of March? 10 A Well, he was there for about a week and a 11 half without any clothing or anything because he was trying 12 to get his stuff from his other residence. He was there 13 approximately 13 days before he 14 Q Now, what was his other residence? 15 A 268 South street, Carlisle. 16 Q And who was he residing there with? 17 A Kathy Zeigler. 18 Q How long had he lived there? 19 A Since approximately June of 1993. He left 20 for approximately three weeks in September of '93; however, 21 he never really moved out. He was just around living in his 22 office and partially at the house, but he didn't actually 23 move back home then. 24 Q Okay. So he moved out in June of '93, came 25 home for a couple of weeks in March, and has been gone since 5 .A>>t:~ "~I ~ ~ 1 then? 2 A Right. 3 Q Before that, had there been a time he didn't 4 reside in the marital residence? 5 A Yes. 6 Q When was that? 7 A In December in February of 1988 he moved 8 out and moved back in -- 9 Q Well, okay. That one we don't need to deal 10 with today. 11 A December 6th, 1992, he left the marital 12 residence. 13 Q And where did he live then? 14 A In -- I'm not sure of the name of the town. 15 It's up in Harrisburg. 16 Q Who did he live with at that time? 17 A This girl was named Nancy Tuttle. 18 Q How long did he live there? 19 A He was there from December until February, 20 March time frame, and then he came home for a short period 21 of time and left again in June of '93. 22 Q The house that you live in, can you -- how 23 many bedrooms are there? 24 A It's a three bedroom, duplex house that 25 Dennis and I added an addition onto the back of the house 6 ~ ~ 1 back in '91. 2 Q Do each of the boys have a room? 3 A The largest room in the house the two younger 4 children are in there with a bunk bed set. The oldest has 5 his room, and I have my room. 6 Q Do the children have friends in the area? 7 A Yes, they do. 8 Q Do you have friends? 9 A Yes, I do. 10 Q Do they help you out with child care? 11 A We have a new neighbor, Wanda, that helps me 12 out with the children after school; and occasionally, when I 13 was working evenings here in Carlisle, she checked in on 14 them to see that everything was okay. 15 Q Now, you've mentioned since 1992, the three 16 times that your husband has left the marital residence. 17 THE COURT: Well, I'll let you get into prior 18 to the separation. If I said contrary in chambers, I wasn't 19 quite sure what you were getting at. 20 MS. BLAIR: Okay. Well, let me move forward 21 with that. 22 BY MS. BLAIR: 23 Q During these times that he has left the 24 marital residence, did he ever take any of the children with 25 him? 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ A No, he did not. Q Did he visit with the children? A Yes, he exercised visitation rights with the children. Q What was that? How frequently? A Normally he took them every other weekend. When he left in December of '92 until June of '93, he used to come and keep the kids when I worked my second job. In the evenings he would come and babysit for me when I came back from work or until I came home from work. Q Okay. Did he ever -- during those times, did he ever ask you if he could take the children to live with him? A No, he's never asked me to take the children to live with him. Q And have you always resided with the children in the marital residence? A Yes, I have. Q Did you in fact file an adoption petition to adopt these children? A Yes, we did. Yes. Q Is it -- if the adoption could move forward, would it still be your intent to adopt the two older children? A Yes, it would be. 8 ~ ~ 1 Q Now, going back, there was one prior 2 separation that you started to mention starting in February 3 of 1988. Could you tell me about that one? 4 A He moved out of the residence, and I'm not 5 sure what day in February, but it was February of 1988 until 6 approximately Mayor June. 7 Q And who -- 8 THE COURT: Of '88? 9 THE WITNESS: Yes, sir. 10 MS. BLAIR: And who did he live with then? 11 THE WITNESS: Nancy Tuttle again. 12 MS. BLAIR: That was the same person he moved 13 out to live with in December of '92. 14 THE WITNESS: Yes, it was. 15 MS. BLAIR: Your Honor, I've tried to limit 16 the testimony here to the items you wanted covered. I 17 believe we've covered what you wanted covered in this 18 respect. 19 THE COURT: All right. Mr. O'Brien. 20 CROSS-EXAMINATION 21 BY MR. O'BRIEN: 22 Q Mrs. Mulholland, is it a true statement that 23 you put your husband's belongings out on the street 24 following the most recent reconciliation attempt between the 25 two of you in March? 9 .Ift.,,,~,. I""">, .-.. 1 A Yes, it is. 2 Q And it's also true that during the time that 3 he moved back into the home that he had found information, 4 letters and so forth, that you indeed were having an affair, 5 and he talked with you about that; is that correct? 6 A Talk is not really the word but, yes, he 7 found letters. Yes. 8 Q In regard to his contact with the children 9 since the most recent separation, in addition to alternating 10 weekends, he spends a great deal of time with children at 11 ball practices, ball games and times like that. 12 A Not that I'm aware of. 13 Q And you're not aware of that because you're 14 away working much of the time; is that correct also? 15 A My second job ended in April, before 16 around the same time that ball practice started. I haven't 17 worked a second job from April until the new restaurant 18 opened, which was about the beginning of May. End of April, 19 beginning of May they started the training up at the new 20 restaurant, and I worked once during the week and the rest 21 of the time I'm home during the week. 22 Q In reference to your work schedule, you work 23 at what locations and at what hours? 24 A I work at Applebee's in Colonial Park, and my 25 hours vary. Initially, I was going to work one or two 10 ~ ~ 1 weeknights and the weekends because Dennis was home when I 2 had gone -- or when I was going to go apply for the job and 3 I had told them I could work, you know, a couple nights 4 during the week, and one or two weekend nights. 5 Then after the training had started, it ended 6 up with our separation again. I went through one training 7 week where I was gone every night during training, and since 8 then I worked one weekend, when I had a baby-sitter every 9 single shift that I worked, and the following weekend he had 10 custody of the children -- or visitation rights. 11 Last weekend I worked on Saturday and the 12 neighbor was keeping an eye on the children, and that was 13 the only time I worked this last weekend. I'm scheduled 14 again this weekend, which is his scheduled visitation. 15 Q This past Saturday when you worked, what 16 hours did you work? 17 A I worked 10 to 4. 18 Q Ten in the morning until four in the 19 afternoon? 20 A Yes. 21 Q And the boys were home alone, a neighbor was 22 checking on them? 23 A Yes. 24 Q And you also work some weeknights, don't you? 25 A I worked one Tuesday night, but I haven't -- 11 ~ ~ 1 after we discussed -- Dennis and I discussed me being gone, 2 and I wasn't able to get a baby-sitter. I did hire a 3 baby-sitter one night, and it didn't work out. So the one 4 Tuesday night that I did work, they didn't have a 5 baby-sitter. 6 Q Did you have employment at Bob's Big Boy for 7 a period of time? 8 A Yes, I worked at Bob's Big Boy from August of 9 1992 until they closed down in April of '94. 10 Q And during the time that you and your husband 11 were separated, you worked and left the children 12 unsupervised at your home. 13 A I would come home from work on my own job, 14 check on them and go to my part-time job, but I wasn't very 15 far away. 16 Q And you have a fUll-time, daytime job? 17 A Yes, I do. 18 Q What hours is that job? 19 A I work 6:30 to 4, Monday through Friday, one 20 week, and then the following week I work 6:30 to 4 and have 21 every other Friday off. 22 Q You've left the older boy in charge of the 23 two younger boys at times when you didn't have an adult in 24 the home to care for them. 25 A Yes, I have. 12 1'"""1 r"\ 1 Q And that happens on a fairly regular basis. 2 A You mean as far as my daytime work schedule? 3 Q As far as either your daytime work schedule 4 or your evening work schedule. 5 A This Saturday was the first time I left the 6 boys unsupervised working my new job at Applebee's. 7 Q But the job at Bob's Big Boy, you did it on a 8 regular basis. 9 A Yes, I did. I asked him to help me out with 10 baby-sitting, but he was not available. 11 Q In regard to Ryan, your husband learned \>,hen 12 he moved back in, in March of this year, that Ryan was 13 involved with shoplifting at Bob's Big Boy as well as at the 14 K-Mart; is that correct? 15 A Yes, it is. 16 Q You discussed that with him; isn't that 17 correct also? 18 A With who? 19 Q Your husband. 20 A Yes, I let Dennis know everything that's 21 going on in the children's lives. 22 Q What Dennis wanted to do was make 23 arrangements at those locations and make restitution and an 24 explanation could be made; isn't that true? 25 A Dennis wanted them to write a letter. I took 13 ~ ~ 1 Ryan down there. 2 Q In regard to Derek, most recently he broke 3 into a little league concession stand on Mother's Day; is 4 that correct? 5 A Yes, it is. 6 Q And what were you doing in regard to your 7 custodial responsibilities on that occasion? 8 A I was at home. The concession stand is in 9 the park across the street. 10 Q Last fall when your husband was separated, 11 the boys participated in the football program. 12 A Yes. 13 Q And when were the practices for that program? 14 A Monday through Thursday, sometimes on Friday. 15 Q Did you bring the boys to the practices and 16 attend those practices? 17 A Most of the time I brought them to the 18 practice and came and picked them up. 19 Q Did you attend many of the games? 20 A No, I did not. I was working a second job. 21 Q On both Saturday and Sunday? 22 A Yes, I was. 23 Q Where was that job? 24 A At Bob's Big Boy. 25 Q The boys are involved -- the two younger boys 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1""'\ ~ are involved in the baseball program this year; is that correct? A Yes, they are. Q Do you attend any of the practices? A The practices were in the beginning of the season. They don't have practice now they have games. Did you attend any of the practices? A few of the practices. And as far as the games, do you attend the Q A Q games? A Q A Q A Q this year? A Most of them, yes. When was the last game you attended? Last night. And whose game was that? Derek's. Has Ryan elected to participate in baseball Initially Ryan did not want to play ball, but when his father was home, he spoke with Ryan and kind of talked him into going. After Dennis walked out, my oldest son came to me and said he didn't really want to play, but dad wanted him to do it, so he asked me if he could drop out. Q And you encouraged him to do that? A I didn't encourage him. I let him make the 15 ~ ~ 1 decision. He didn't want to play. He didn't want to play 2 to begin with. 3 Q Have Ryan'S grades gone down this past year? 4 A Ryan'S grades at the beginning, the first 5 semester of the year, were not that great. The shock from 6 going to elementary school to middle school, you know, it's 7 a big difference. The last two grading periods Ryan has 8 been just a few points from the honor roll, and this last 9 one he was on the honor roll. 10 Q In regard to the father's involvement with 11 the boys, other than the alternating weekend schedule, what 12 other times is he spending with them since the separation in 13 June of '93? 14 A From what I can recall, the only time that 15 he's ever even seen the children on the weekends he didn't 16 have visitation is this last weekend. 17 Q And how about during the weekdays? 18 A Once or twice he's called the boys up and 19 taken them fishing. 20 MR. O'BRIEN: I have no further questions. 21 MS. BLAIR: I have some redirect. 22 REDIRECT EXAMINATION 23 BY MS. BLAIR: 24 Q Your first question in regard to putting the 25 belongings out on the street, now, that was -- when did you 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ do that? A The night after Dennis told me he missed his girlfriend and walked out the door and went to her. Q This was the last time he moved out? A Yes, April 6th. Q Had you ever thrown his belongings out in the street any of the other times? A I didn't put them in the street like last time. Each time he's told me he was leaving and there was another woman, I told him, Fine, then just go. And I packed his bags or whatever. One incident in December, when he initially told me that he had a girlfriend, that was on a Saturday when we were getting our Christmas tree, on Sunday I was going to work at Bob'S, and he asked me what time I was going to be home because he had plans, and I got very angry and packed all of his stuff, and I told him, Fine. Take your stuff and get out. Q Did you tell him that before he told you about the girlfriend? A No. Q How old is Ryan? Ryan is the oldest; is that correct? A Yes. Q And how old is he? 17 ~ ~ 1 A Ryan is 12. He will be 13 in a month. 2 Q Has there ever been a time when there's been 3 a problem with your children being lost or missing when 4 they've been with their father? 5 THE COURT: Where what? 6 MS. BLAIR: Lost or missing. 7 THE WITNESS: There was one incident after 8 Dennis and I got back together. I was at work at Bob's one 9 day, and he called me up and told me Derek was missing, and 10 I told him to call the neighbors. I left the restraunt, 11 came running home and he was found, like -- well, my oldest 12 son found him walking home. He had gone down the street 13 with another little boy his age to play Nintendo. 14 BY HS. BLAIR: 15 Q Now, this was during a time when your husband 16 was watching the children? 17 A Yes, it was. 18 Q Has anything occurred during the time when 19 you've been at work and the children have been taking care 20 of themselves with the neighbor watching? 21 A No, I've given the boys specific rules when 22 to be home, when to be in, to call me at work, and they have 23 pretty well kept up with that. 24 Q Do you ever call home? 25 A Yes, I do. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ Q How frequently? A Two or three times a night. That's when I was at Bob's. Two or three times a night I would call them at Applebee's. Like I said, this last Saturday they had to stay home. I called home twice and they called me twice. Q So four times during your six-hour shift. A Yes. Q Have you ever deprived the children of participating in activities because of your jobs? A No. I wasn't sure in the fall how I was going to let them play football and work. The only reason why I'm working is because money is very tight now with the lack of support and everything. So I've had to work two jobs since August of '92. I wasn't really happy with the boys playing football because I know it takes a lot of time, but Dennis and I sat down and civilly talked about it, if I got the kids to practice and stuff, he would handle the kids for the weekends for their ball games. Q During the time when you've gone to practices and games, has your husband been there to watch the kids? A All of the way until this baseball season, yes. Q But not during this baseball season? A No, he was at one game this whole season that 19 ,. ,....,.....~_.".. 1""'\ r-. 1 I can recall, that I was there. 2 MS. BLAIR: That's all I have. 3 THE COURT: Anything else? 4 MR. O'BRIEN: Yes, Your Honor. You said lack 5 of support. Is that a correct statement? 6 THE WITNESS: Yes. 7 MS. BLAIR: Can I see what you're -- can I 8 see those? 9 (Whereupon, Mr. O'Brien displayed checks to 10 Ms. Blair.) 11 RECROSS EXAMINATION 12 BY MR. O'BRIEN: 13 Q Do you have a second mortgage on your 14 residence? 15 16 17 18 19 20 don't. 21 Q Would you agree that he's been making those 22 mortgage payments? 23 A Yes. We borrowed enough money to where half 24 of the money went to his company and half of the money was 25 for us. A Yes, we do. Q Is that with Beneficial Mortgage? A Yes, it is. Q $299.90 monthly? A I don't know. Dennis has the payment book, I 20 ,.~.~-,..,; ~ I"', 1 2 (Whereupon, 3 Defendant's Exhibit No. 1 4 was marked for identification.) 5 BY MR. OBRIEN: 6 Q Okay. I'm showing you a group of checks 7 cumulatively marked Defendant's Exhibit 1. The first check 8 made to Rose Mulholland for $650.00 dated 2/23/94. Was that 9 check received by you? 10 A Yes, it was. He also gave me a ham and two 11 12 13 14 15 16 17 Mulholland for $1500.00 was that check signed and received? 18 A Yes, it was. 19 Q One dated December 12th, 1993, for $400.00, 20 that was received and used by you also? 21 A Yes, it was. 22 Q One dated 11/2/93 for $750.00. Was that 23 received by you? 24 A Yes, it was. 25 Q And one dated 1/5/94 for $100.00, that was pizzas. Q A check dated February 4th, 1994, to Rose Mulholland for $850.00. Was that check received and cashed by you? A Yes, it was. Q A check dated December 1st, 1993, to Rose 21 ;;uaA~_ 0 ~t\:;. _0' 1'""1 1'""1 1 received also, was it not? 2 A Yes, it was. 3 MR. O'BRIEN: I have no further questions. 4 Oh, no, I do have one further question. 5 BY MR. O'BRIEN: 6 Q And you're aware that the electric service to 7 your home was in your husband's name, and that you have not 8 paid that; is that correct? 9 A No, the electric is in my name and has been 10 in my name since he walked out in 1988. 11 Q He received a notice to appear before the 12 district magistrate to pay that company almost $2,000.00. 13 A Yes. 14 Q What's the basis for that? 15 A When Dennis walked out in September of 1992, 16 I received no child support at all from December of 1992 17 until July of 1993. None whatsoever. There was this check 18 that he gave me when he came home for a brief period of time 19 in February. At the same time I withdrew money from my 20 government T.S.P. and brought it into the home. It was 21 deposited to the joint account. The checks were used for 22 catching up on some of the bills, you know. We went on a 23 softball vacation because he was playing softball at the 24 time. We went to Ocean city, Maryland. When I started work 25 back in July, I had to work two jobs because of the fact 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "i...:.""".. '""'" 1'"'\ that the money that he gave me was sporadic. You can see that it's not exactly on certain dates, same day every month. The $1500 in December was -- Q I believe that I asked you the question about a certain bill or notice that he received from the district magistrate that was for electric service that was applied to your home. A Yes. Q What period of time does that relate to? A It covers from all of the way back in 1992. Q Fine. Thank you. That's all I wanted to ask you. REDIRECT EXAMINATION BY MS. BLAIR: Q Have you received a support check since the check dated February 23rd? A Yes, Dennis, after the Domestic Relations hearing, he gave me $700.00. Q Was that after this hearing was scheduled that he gave that to you? A After this hearing was scheduled? Q Scheduled. When did you receive that money? A I think it was Hay 19th. THE COURT: Are you done, ma'am? HS. BLAIR: Yes, Your Honor. 23 ~ ~ 1 THE COURT: Is there a visitation arrangement 2 between you and Dennis? 3 THE WITNESS: Yes. 4 THE COURT: Oral or written? 5 THE WITNESS: Oral. 6 THE COURT: Is it working? 7 THE WITNESS: Yes. 8 THE COURT: Okay. Step down. I presume 9 you're resting, aren't you, ma'am? 10 MS. BLAIR: Yes, sir. 11 Whereupon, 12 DENNIS K. MULHOLLAND, 13 having been duly sworn, testified as follows: 14 DIRECT EXAMINATION 15 BY MR. O'BRIEN: 16 Q Would you state your name. 17 A Dennis K. Mulholland. 18 Q You heard your wife's testimony in regard to 19 the three children that reside in your joint household, two 20 to your first marriage, and you and she have the youngest 21 child. 22 A That's correct. 23 Q In reference to the separations that she 24 spoke of, in 1988 you separated for a period of time and 25 moved in with Nancy Tuttle; is that correct? 24 ;,~".II'''' ~ ~ 1 A That is correct. 2 Q What contacts did you have with your children 3 during that period of time? 4 A During that period of time, I was a little 5 league baseball coach with Ryan, who was just starting, and 6 was in maybe his first or second year, that was South 7 Middleton Township. I coached two times a week. I 8 generally spent three to four times a week with them. 9 Sometimes more. 10 Q She indicated that you cared for them when 11 she worked a second job. Is that your recollection also? 12 A Yes. 13 Q You reconciled in June. Why did you 14 reconcile? 15 A For the benefit of the children. 16 Q Now, that reconciliation then continued until 17 sometime in 1992 when you took up residence then with a 18 Nancy Tuttle? 19 A Correct. 20 Q And you remained there for two or three 21 months? 22 A Yes. 23 Q What contacts did you have with your children 24 during that period of time? 25 A During that period of time, Rose was working 25 i<J(.';'~."" , ~ 1""', 1 three to four nights a week, as she has stated, to catch up 2 on bills. As soon as I got off work, I had arrived at 3125 3 Juniper street and stayed until sometimes as late as 1 or 2 4 in the morning until she returned home from work. 5 Q And then you would return to your residence 6 at that time. 7 A Which was located in Hummelstown. 8 Q How long a drive was that for you? 9 A Forty minutes. 10 Q You remained in the home with the boys then 11 until June of '93; is that correct? 12 A That is correct. 13 Q And at that period of separation -- 14 THE COURT: Wait a minute. He left with 15 Nancy Tuttle in '92 for approximately three months, and I 16 don't know when it was, according to what he tells me. 17 BY MR. O'BRIEN: 18 Q What period of time were you away from home 19 during that time frame? 20 A I believe it was up until April of '93. 21 Q April of '93? 22 A That is correct. 23 THE COURT: When did you leave in '92? 24 THE WITNESS: I believe it was December the 25 6th of '92. 26 1 ,. --...,,-,".. ~ r-. i: " , THE COURT: All right. And then you stayed 2 away with Nancy until? 3 4 5 BY MR. O'BRIEN: 6 THE WITNESS: April of '93. THE COURT: April of '93. okay. Q In April of '93 when you moved back in, what 7 was the reason for returning to the residence on that 8 occasion? 9 10 work. 11 12 13 14 15 16 17 18 19 A For the children, to try to make the marriage Q You had conflicts in the marriage. A We had numerous conflicts. Q Does your wife have a temper? A On occasions. Q Have you observed her striking the children? A On occasions. Q Has she struck you? A On occasions. Q As a result of the conflict in the marriage, 20 then, did you separate again? 21 22 23 24 25 Zeigler? A Yes, we did. And that was in June of 1993? Q A Yes. Q And at this point you were seeing Kathy 27 ~ ~ 1 A Yes. 2 Q Is that where you then took up residence? 3 A Yes, 268 West South Street. 4 Q How far is that from the home that you shared 5 with Rose? 6 A Five blocks. 7 Q How often have you had contact with your 8 children since June of '93 and that separation? 9 A Well, immediately after that separation, Rose 10 had phoned me and requested I take the children for a while 11 so she could get the herself together. I had them for a two 12 or three-week period. During that time period, I enrolled 13 them in soccer camp at the Carlisle Barracks which cost 14 $150.00, and basically I had taken off work and spent the 15 time with them. 16 I also saw them on a regular basis every 17 other weekend during football season. There were numerous 18 occasions when I took them to and from football practice. 19 If I didn't take them, I'd visit them at the site. They all 20 practiced at the same site. I pick up Derek, if they agree 21 to go to Derek's football game, and every Sunday the two 22 older boys, along with Derek, spent the entire day at the 23 miget football games. 24 Q What period of time did the games extend? 25 A Practice starts first week of August and 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ""'"' ,..... generally runs into October with the play-offs. This year it ran to the end of October. Q So for the months of August, September and October you were having daily contact and custody of the boys? A Yes. Q Okay. After the football season ended, what contacts did you have with your children? A I took them one week for Christmas vacation. I took them over Thanksgiving, and again on, I believe it was Easter. Those were the extended periods of time. Then there was every other weekend, and there was, like, on dates I didn't have them I'd go to their basketball games. Dustin and Ryan participated along with Derek in the Y.M.C.A. program as well as the school program. So they had basketball games every night. Q The home that you would like to move the older boys to is Kathy Zeigler's home; is that correct? A That is correct. Q How many bedrooms does that home have? A six bedrooms. Q How many people reside there? A Myself and Kathy Zeigler. Q Would each of the boys have their own room? A Yes, they would. 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 w' ._~/t: -., I""'. Q You're asking that the Court also provide that you have their clothing, belongings, toys and some of their bedroom furnishings given to you also; is that correct? A We have no children furniture at the location. Q In regard to getting the boys back and forth to schooling for the balance of the school year, how far of a distance is Kathy Zeigler's home from the Letort school? A Three blocks and every block has a crossing guard. Q And in regard to the Lamberton School, how many blocks was the approximate distance for Ryan to get to school? A It would be four blocks. Q When you had moved back in in March of '94 with your wife Rose for two weeks, what was the reason that you moved in? A To try to get a stronghold on the children. Q Have you seen problems with your children that have developed in the past year? A During my separation that occurred in June of '93, in August of '93 after I had returned from having them for a two- or three-week period, Ryan and Dustin were observed on numerous occasions smoking in the park. Ryan 30 ~ ~ 1 has had numerous suspensions throughout the school year, at 2 least 10 suspensions, and I think they have been well 3 documented with the school. Ryan has also been caught, but 4 I guess you would say by questioning, shoplifting at K-Mart 5 and Bob's Big Boy; and Derek has broken into the concession 6 stand over at the little league ball field. There are other 7 small incidents that occurred on a regular basis on the 8 block involving other children and other people's 9 properties. 10 Q In regard to the amount of supervision that 11 your wife is providing for your two children and the -- and 12 Derek, the child of the marriage, do you consider that 13 supervision is adequate? 14 A No. During the period of time she is home, 15 for the most part I consider it adequate. When she is not 16 in the home, she has not made any attempt to obtain an 17 outside baby-sitter. 18 Q What arrangements would you have for caring 19 for the children during the time that you're requesting that 20 you be given primary custody? 21 A I would personally take the children to 22 school. They would be picked up from school by Kathy, who 23 gets off at 3:00. Ryan would be forced to walk home from 24 Lamberton, however, which is four blocks. She would get 25 home at 3:00, pick up Ryan, get the other children, and go 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1""\ ,-.., back home. And I would return home normally by 5 or 6:00 p.m. Q In regard to the support, those checks that were admitted as Exhibit 1, as well as the checks that were paid to Beneficial on the second mortgage, were those the support amounts that you were paying for your children? A I was paying $750.00 a month, plus $300.00 to Beneficial. I was paying the second mortgage and in fairness, $150.00 of that did go towards the company; however, the company has fully paid that amount off by now. Q You were separated for another period of time when you were in Saudi Arabia and Kuwait; is that correct? A That is correct. Q And that was from October of '90 to June of '91? A October of '90 to May of '91; that is correct. Q And at that point in time how much money were you earning on a monthly basis? A $1,850.00. Q And how much were you sending to Rose? A $1,840.00. Q How much did you keep for yourself? A Ten dollars. There was no money required over there. I decided it would be beneficial to the family 32 1 to send it all home. 2 Q If the Court grants custody to you, in regard 3 to the two older boys, will you permit them to have regular 4 contact with their stepmother? 5 A Of course. 6 Q And what would you consider to be some type 7 of schedule? 8 A She could see them every other weekend, 9 provided she is not working during that period of time, and 10 she could also see them on assorted weekdays like I do, ball 11 games, basketball games, sporting events, and other 12 activities. 13 MR. O'BRIEN: I have no further questions. 14 CROSS-EXAMINATION 15 BY MS. BLAIR: 16 Q Mr. Mulholland, during the time you were 17 writing checks totalling $4,225.00 to your wife for support 18 of your children, isn't it true that you wrote two separate 19 $5,000.00 checks to Kathy zeigler, the woman you are living 20 with? 21 A That is correct. For repayment of a loan, 22 which I can document. 23 Q Isn't it true that you had your attorney at 24 that time prepare -- at the time you were separated from 25 her, from Kathy zeigler, that you had your attorney prepare ~ ~ 33 ~ ~ 1 a document indicating that the loan amount was $6,000.00, 2 and that loan had been repaid in two, $3,000.00 checks? 3 A That was one of the loans; that's correct. 4 Q And isn't it true that that complaint that 5 you filed indicated that one of the $5,000.00 payments was 6 so that Kathy could purchase a Cadillac Allante. 7 A I think you are using the wrong terminology. 8 You used the word, complaint was filed. If you look at the 9 top of it, it says draft. 10 Q This is a complaint, I said a complaint your 11 attorney prepared. 12 A You said filed. 13 Q Is it a complaint your attorney prepared 14 indicated that $5,000.00 was made payable to Kathy zeigler 15 to be put toward the purchase of a Cadillac Allante. 16 A She used it for payment of a Cadillac; that 17 is correct. That was repayment of a loan. 18 Q Isn't it also true that on two separate 19 occasions, once in November, and I believe it was November, 20 and once in -- no, once in December and once in February, 21 that you paid a mortgage to Washington Square Mortgage. Is 22 that the mortgage on your marital residence? 23 A I paid $1,097.00 on one occasion as a 24 mortgage payment; that is correct. That is not bad for 25 living there since June of 1993. 34 ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q residence? But is that the mortgage on the marital A No, it's not. It was $750.00 that I provided. The mortgage was only $500.00 for that property. Q So you were paying the mortgage on Kathy zeigler's house? A I paid it on one occasion. Q In the document your attorney indicated you made it in December and February. A There was only one check, that was in February of 1994. Q Isn't it also true that on February 1st you wrote a check for $200.00 to Kathy Zeigler? A Yes, it is. Q And that on January 25th you wrote a $200.00 check to Kathy Zeigler? MR. O'BRIEN: Your Honor, I'm going to object to the relevancy. MS. BLAIR: You brought up the support and amount he's paid. I'm going to show he paid more to his girlfriend than to support his children. THE COURT: Well, I don't want to get into the support. I allowed you a little leeway. I don't want to get deep into it. MS. BLAIR: That's fine. That's sufficient, 35 ~ ~ 1 Your Honor. 2 THE COURT: Does that mean you're done? 3 MS. BLAIR: No. 4 5 6 7 8 9 asked for a week or two with them since you had not seen 10 them for a month? 11 A That is correct. And it's also correct that 12 I had asked before they had left if I could see them for a 13 period of time, and when they returned she had asked me to 14 take the children for a week or two weeks so she could get 15 herself together, to work additional hours. If you do your 16 research, you will see that she worked almost everyday 17 during that period of time. 18 Q Do you think it might be that she worked 19 there because it was during the time that you had the 20 children and she could work to make the extra money? 21 A I believe she just wanted the money. 22 Q When did you file for custody? 23 A I don't recall the exact date. 24 Q Do you recall when you called Tony 25 Sangiamo or let me rephrase that. Isn't it true that you BY HS. BLAIR: Q Isn't it true that last summer you said your wife asked you to keep the boys for two weeks and that the boys actually had been in California visiting with your wife's sister for a month; and that when they returned, you 36 ';;;'~\i"~~' ~ ,-.. 1 did not call Tony sangiamo, who is your attorney for the 2 adoption, and tell him you wanted to withdraw your consent 3 until after the support conference at Domestic Relations? 4 A I don't believe I had made that comment to 5 him. No, I believe my contact with him was after the 6 support hearing. 7 Q That's what I'm -- thank you. 8 MS. BLAIR: I have nothing further, 9 Your Honor. 10 THE COURT: Where do you work? 11 THE DEFENDANT: I'm a licensed private 12 investigator, Mulholland Associates, located here in 13 Carlisle, Pennsylvania. 14 THE COURT: Anything else, Mr. O'Brien? 15 MR. O'BRIEN: No, Your Honor. 16 THE COURT: You may step down. 17 MR. O'BRIEN: I rest, Your Honor. I have no 18 further witnesses. 19 THE COURT: All right. 20 MS. BLAIR: Your Honor, I would like to point 21 out to you that the boys are here if you would like to speak 22 with them at all. 23 THE COURT: Well, does anybody want me to 24 talk to them? 25 MR. O'BRIEN: Your Honor, I have not had an 37 ~ ~ 1 opportunity to meet with thesA children. 2 MS. BLAIR: I have not spoken with them 3 either. They were introduced to me when I got here. 4 THE COURT: All rlght. Well, if you don't 5 want me to. 6 MS. BLAIR: I think it might be fruitful to 7 hear what the boys would like to do. 8 THE COURT: Pardon? 9 MS. BLAIR: To see if they are happy in the 10 home. 11 MR. O'BRIEN: Your Honor, but that doesn't 12 meet their burden of proof. 13 THE COURT: Do you want me to talk to them 14 Mr. O'Brien or not? 15 MR. O'BRIEN: No, I don't believe it's 16 appropriate. 17 THE COURT: okay. So the record is 18 concluded. And we'll go off the record for the argument. 19 (Whereupon, argument w~s held off the 20 record.) 21 THE COURT: Let the record reflect that I 22 have considered the arguments and I am signing the order as 23 is presented to me by the mother, just keeping everything in 24 the status quo at the time being. 25 I would expect your informal visitation 38 ~ ~ 1 arrangement would continue, and I hope I won't have to deal 2 with setting visitation on this in the meantime. That order 3 provides that a custody conciliation conference to be set 4 immediately, and as soon as you can get these orders over or 5 get them clocked in and get them over to the Court 6 Administrator for forwarding to the custody conciliator, you 7 can get this matter under foot. Court's adjourned. 8 HS. BLAIR: Thank you, Your Honor. 9 MR. O'BRIEN: Your Honor, I'm confused. When 10 you say immediately, does that mean they're supposed to push 11 this case to the top of their conciliation calendar? 12 THE COURT: No, I just signed the order. It 13 just says, set immediately. They are pretty fast at setting 14 their hearings. 15 (Whereupon, court adjourned.) 16 17 18 19 20 21 22 23 24 25 39 _"'>-il.4~.., I"":~"-~ f'"'-I "..... CERTIFICATE I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. ~-~ hOltol..J n.~ or aine K. Trou man Official Court Reporter * * * The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. J~ l7, I~~ V Date , \ \ r \ ' - ~ ';}I 40 >- n' i.~ UJc;:J ~i:\ r\~ i" ~f Ulll. ':~I'l 1.'-- I; '0, U ,0 - Cl - ..... Q c-.: t.." 1'_ ~_. . ,,') ,-,' III < l>l ...:l 0.. ' >< ZE-o OZ ~O< ~8H o Z UO< u.Z> 0<0-1 ...:l>< E-oI>:IIl I>:WZ O<oZ O~l>l UOe.. CJ Wu. 150 Z H t~ ,', - , I. \0.. (~.:.. '-i. ~ \ ~ ",I I ~ .1 C) -S J~ -~~ , " ..... .:> oJ " , " , I ' ~ :'.) U ~ >< Q ::c Z E-oZ": < < j . :":><oQ I>::cZ o III 0-1 < ZHOo-1 <Z~<3Ul o-1Zz:C'" 0-1l>l ~'" OQHo'... :c E-o~1:: ...:l ,Ill ..., OQ::>:,.:.... ~zQl>l11l < .... .~ ...0:::0., :":o-1Ql>l ozQ 1Il:C<'O H...:lo-11:: ZOO-1l1l Z~O l>l :c Q 0-1 2 ~ '" '" "1 ~ ~t J~ .\ \"1\ .,~ :-- j Co ~~ .,:J -~ ~ ,I ~ '\'. t i ~, " . > . Q Z < 0-1 0-1-<> oc :C11l 0-1'0 01:: ~Q1 '" . QI ~Q +l>l +QZ +1>:0 +OH + E-o + t.LJ () . +>WIIlQl + He-.. tn +E-oOe.. +UI>: ..., + W o..l() QI t +E-o '" +OC1.l - + O:::::C "P"""i ... to..E-4E-4-.. +I>:~~~t +OtJJ .-4 +t<-QWOt t ZU)..-tt +i50~ + Ht<-<i5 + E-ol>l H t +HH~E-o +E-o...:lOU +l>ll>ll>:l>l +0..1>:u.1Il - ;> < ~ ~ E ~ '" 1 z; i; t .' ~ ~ Z ~ t t . t :;: ~ W E-o:;: ..: 0-1...:l HI >Z HO UH E-o "'U "'< '" No-1 IH <1'> ",H U o Z r. '" ~ "-' :I:: ::; ~ E ~ ~ ~ z: "-' ;: :c o c .. l>l III o I>: i .. .. Dennis K. Mulholland, Kathy Mulholland, Dennis Ryan Mulholland, Dustin Mulholland, : and Derek Mulholland IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, Vs. CIVIL ACTION - LAW NO. 94-2363 Rose M. Mulholland, Defendant AND NOW, this ORDE~ ~ day Of_~ 1953, upon presentation and consideration of,the within Petition, shall be held on this matter on ,. /:r /71rLu.L ,the d~y of ~'NJW~, 1995 at " .~,) a.m.~-~ in Court <----~ 0, Cumberland County Courthouse, Carlisle, a hearing .Jj'1Ift. Room II Pennsylvania. BY THE COURT, J. l~ , " (") ,. ; . I '-.- :; ..., .-::1 , : ~~] r~ ~; , i" ,i-;l ~... , ,CJ , r~. ) , .0 -.:) I ;^i:':J ',0 (-..., ~,:,.il lTl - " . .. ~n ". OJ ~J -, CI ..... . Dennis K. Mulholland, IN THE COURT OF COMMON PLEAS OF Kathy Mulholland, Dennis Ryan: CUMBERLAND COUNTY, PENNSYLVANIA, Mulholland, Dustin Mulholland, : and Derek Mulholland Vs. CIVIL ACTION - LAW NO. 94-2363 Rose M. Mulholland, Defendant NOT I C B You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 (717) 249-6873 Dennis K. Mulholland, Kathy Mulholland, Dennis Ryan : Mulholland, Dustin Mulholland, : and Derek Mulholland IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, Vs. CIVIL ACTION - LAW NO. 94-2363 Rose M. Mulholland, Defendant PETITION FOR PROTECTIVE ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT. 35 P.S. SECTION 10186(1) et sea. _o:l:k. AND NOW, this ) ~ day of December, 1995 comes the Plaintiffs, Dennis K. Mulholland, Kathy Mulholland, Dennis Ryan Mulholland, Dustin Mulholland, and Derek Mulholland by and through their attorneys O'Brien, Baric & Scherer, and petitions the Court as follows: 1. The plaintiffs include Dennis Mulholland, Kathy Mulholland, Dennis Ryan Mulholland, Dustin Mulholland who reside at 105 Fairway Drive, Carlisle, Pennsylvania. Derek Mulholland resides with the Defendant at 520 Highland Court, Carlisle, PA. 2. The defendant is Rose M. Mulholland, who resides at 520 Highland Court, Carlisle, Pennsylvania. 3. The plaintiff, Dennis Mulholland and defendant are divorced. 4. Plaintiff, Dennis Mulholland, has primary custody of Dennis Ryan Mulholland and Dustin Mulholland as per the marital settlement agreement of October 7, 1994. The defendant has primary custody of Derek Justin Mulholland as per the marital settlement agreement of October 7, 1994. 5. The Plaintiff, Dennis Mulholland has instituted a petition for primary custody of Derek Mulholland. 6. On December 4, 1995 at approximately 6:10 p.m. while attempting to pick up his son, Dennis Ryan, from the defendant's house, Mr. Mulholland was attacked from behind by the defendant, who beat him on his back with a closed fist. He attempted to leave the area when the defendant pushed him down the steps toward the sidewalk. After regaining his balance, he continued to walk to his car when he was attacked again. The defendant continued to hit him on his back and head area with a closed fist. 7. The plaintiff's son, Dennis Ryan attempted to stop the defendant but she grabbed Dennis Ryan around his neck. The defendant said, "I'm going to kill Kathy, that fuckin bitch." In addition the defendant took the keys to the plaintiff's car so he could not drive away. 8. The plaintiff and his son, Dennis Ryan began to walk down the street to a pay phone where they called the plaintiff's wife, Kathy. The plaintiff told his wife that he was going to go back to try and get his keys to the car at which time the wife said if she did not hear from the plaintiff within twenty-five minutes she would call the Carlisle Police Department. 9. When Mr. Mulholland returned to the defendant's home, Dustin and Dennis opened the door and proceeded to tell the defendant to turn over the keys. The defendant gave the keys to Dennis who immediately turned them over to the plaintiff and asked plaintiff to leave quickly before the defendant started again. lO. As the plaintiff and his son, Dennis Ryan entered the car, the defendant threw an empty prescription bottle at Dennis and said, after I kill the fuckin bitch, I will kill myself. The defendant also stated that the plaintiff should take all the kids and that she would give up her custody rights. 11. The defendant called eight times on the same evening and would yell or just hang up. This was confirmed by the plaintiff using *69 to identify who previously called. 12. The plaintiff believes the defendant is serious when she makes threats to him or his wife, Kathy. He has noticed violent outbursts before this incident. For instance, the defendant on a previous occasion broke the plaintiff's arm. 13. The plaintiff is afraid the defendant will cause him, his wife and his children severe bodily harm. The defendant has shown an extremely violent temper. Due to the threats of physical harm as well as the incident on December 4, 1995, the plaintiff feels his safety as well as his wife, Kathy and his children, Dennis Ryan and Derek are in danger. WHEREFORE, Plaintiffs requests that the Court Order: l. The defendant to refrain from abusing the plaintiffs. 2. The defendant refrain from coming to the plaintiffs residence located at l05 Fairway Drive, Carlisle, Pennsylvania. 3. That temporary relief be given plaintiffs pending a hearing on this petition. '~", _. .'. ".f . ,.~- Respectfully submitted, O'BRIEN, BARIC & SCHERER BY ~&-~~ Robert L. O'Brien, Esquire Attorney for Plaintiff 17 West South Street Carlisle, PA 17013 (717) 249-6873 1.0. II 28351 " " I verify that the statements made in the Petition of Protection from Abuse, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. O'BRIEN, BARIC & SCHERER BY ~ ,(4JJ.~Jbl.l Dennis K. Mulholland Date: ./JE-'r .IJ. /99.J , {;: ,.., (>; " i"; (~j , UJl-.: .~- ) (..J ~ l_.~ ('~\ .- '.0 " I " t .'::J . ~~: : ,-; _~ I, . , [' . .. , I I L ,. I.. lj I . ,....) '" 0 + + + + III Q + >< + ~ '" + Q + 0: '" . Z + + l>l >< ,r, ...:1>< Q < + 0 + E--t~ Cl '" a.E-o Z 0-1 + E-o + .0:0 ~ 0 III ,. Z< < ...:I + + o-1...:1E-o t 0 .., Z;:JH 0-1", 0..., + () + HI III :: ~ :!; OOZ ...:I", :c I:: + + >ZO ~ ~ ~ ~()'" 0 0-111l + + HO() " .r. ~ ~ > :c'... 0'0 + I>: + ()H..... '" ~ E 0-1"" 0 E ~ OQo-1 ::<: I:: + + E-o'" u ~ 01:: > '" ~ ~ '" ()Z>< l>l QI + + N() () ~ r:: <Ill ~.... + + "'< I>: ~ ~ E-o...:lZ I1l H'" + E-o + '" 0 ~ " o:o:Z Ill.... I>: QI + Z + No-1> 5 >- ~ Ho.. <Q H ~ Ol>l'" + '" + IHH i2 " Z 0000.. Z ~ + + <r>Q - ...:I '" ()~ Z + 0.. + "'H 0 ~ 0 '" l>l + + ()Z l>l() Q III + ~ + H :c 0 + 0 + 0 E-o I>: + () + Z + + Z + + H + . . ROOE MARIE MJUDLLANJ), Defendant IN '!HE CXXJRI' OF a:.r-MN PLEAS OF aM3ERLAND CXXJNIY, PEl'mYLVJ\NIA CIVIL ACl'IOO - U\W NO. 94-2363 CIVIL IN DIVORCE/aJS'IO)Y DE1lNIS MJUDLLANJ), Plaintiff v. ORDER OF CXXJRT AND N;:M 'IllIS 'art\ day of MI1~" \1, 19~ upon consicleratioo of the , attached carplaint, it is hereby directed that the parties and their respective camsel awear before ~k,bel i 'J.., b\ \((:'1 t'.s.:, . the conciliator, at W th \IUH C."I""'\' lo,(o..r\4,..", 00 the :? C;(", day of J"C,n'-"<l1 , 19$ at -i o' ~u (';;;/P.M., for a Pre-Hearing Olstody Conference. At such conference, an effort will be nade to resolve the issues in disp.1te; or if this cannot be accc:nplished, to define and narJ:'C:M the issues to be heard by the cwrt, and to enter into a tE!lpOraIy order. All children age five or Olderr,l1 also be present at the conference. Failure to awear at the conference may provide groonds for entry of a tE!lpOraIy or penrenent order. BY '!HE CXXJRI', ~L(efi Y J.;J<-/g{~seJ i!!1stody COnciliator [/ ~ I YOO S1mlD TI\KE '!HIS PAPER 'IO YOOR LAWYER AT CNCE. IF YOO 00 NJI' HAVE A LAWYER OF CANOOI' AFroRD CNE, 00 TO OR 'I'ELEPlmE '!HE OFFICE SET FOImf BE:I.CM TO FIND oor WHERE YOO CAN GET LEGAL HELP. BY OFFICE OF '!HE CXXJRT J\IMINIS'rnATOR Cl:IlJRIHCXlSE, 4'IH FLO:lR CARLISLE, PA 17013 (717) 240-6200 ~ ' FllED-O::FICE CjO j! or: t).....y~-~_'0..I~T..I,O.J .- ..... ,..-II \,1'* t,.., I .,J, Co -, r:'I' 3' 07 .-" I I . (" " f--' ;....11'.. '.:", ','.!'i C......lt';~' 1,-:",", '.. ,;, /,. :J""i\l j ...1.1. -IL. ,', t\ / '1/9t tJJ, to/t hl4t. -t df ~U.f /''1.9t '1~ ht?~~ 4 ~ /. '/, 9t d77 ~d ~~ ':it xidl, fie- , DFMnS MJLH:)LLAND, Plaintiff IN 'mE CXXlRI' OF ~ PLEAS OF a:MlERLAND cxx.NIY, PmlSYLVJ\NIA Vs. CIVIL ACI'IOO - UlW NO. 94-2363 CIVIL IN DIVORCE/alS'ICDY RCSE M!\RIE MJLH:)LIJ\ND Defen::lant a::MPLAINI' FOR alS'ICDY 1. Plaintiff is DENNIS MJImLLAND, an adult individual, currently residing at 105 Fairway Drive, Carlisle, a.mberland camty, Pennsylvania, 17013. 2. Defen::lant is RCSE M!\RIE MJImLLAND, an adult individual, currently residing at 520 Highland Co.lrt, Carlisle, Omberland camty, Pennsylvania, 17013. 3. Plaintiff seeks custcxiy of the follCMing child: Derek Jasal M.1lhollarxl, age 10, born 10/3/85. '!he child was not born oot of ~ock. '!he child is presently in the custcxiy of Defen::lant, Rose M:lrie M.1lhollarxl, who resides at 520 Highlarxl Ca.u:t, Carlisle, Omberland camty, Pennsylvania. During the past five years, or since the child's birth, the child has resided with the follCMing persons at the follCMing addresses: (a) fran birth to the parties' separation on 6/20/93 with Plaintiff, Defen::lant, Dermis Ryan M.1lholland and Dustin Allen Mllhollarxl at 325 Juniper Street, Carlisle, PA; (b) fran the parties' separation on 6/20/93 to the until 6/94 with Defen::lant, Dermis Ryan Mllholland and Dustin Allen M.1lholland at 325 Juniper Street, Carlisle, PA. (c) fran 6/94 until 8/95 with Defendant at 325 Juniper Street, carlisle, PA. Cd) fran 8/95 until present with Defendant at 520 Highlan::l Co.1rt, carlisle, PA. '!he natural IlDther of the child is Rose Mirie M.1lhollan::l, currently residing 520 Highlan::l ChIrt, carlisle, PA. She is divorced fran Plaintiff. '!he natural father of the child is Dennis M.1lhollan::l, currently residing at 105 Fail:way Drive, carlisle, PA. He is divorced fran Defendant. 4. '!he relationship of the Plaintiff to the child is that of natural father. '!he plaintiff is narried to Kathy M. Zeigler (M.1lhollan::l). 5. '!he relationship of the Defendant to the child is that of natural IlDther . 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other ChIrt. Plaintiff has no infomation of a custody proceeding concerning the child pen:ling in a coort of this COnTonwealth. Plaintiff does not kncM of a person not a party to the proceedings who has physical custody of the child or clains to have custody or visitation rights with respect to the child. 7. '!he best interest an::l pemanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is better able to care for the child, financially an::l enotionally. lif:: >-:":" ,~ (b) 'll1e violent ootb..trsts of the Defendant eOOanger the safety of the child. 8. Each parent whose parental rights to the child have not been te1lllinated and the person who has physical custody of the child have been narred as parties to this action. WHEREFORE, Plaintiff requests ywr Honorable COUrt to grant primary physical custody of the child with periods of partial custody in Defendant. Respectfully subnitted, O'BRIEN, BARIC & SQiERER BY: 3?~J-O~S<.-- Date: I~ -{1-95" Rd:lert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West 5aJ.th Street Carlisle, PA 17013 (717) 249-6873 . I verify that the statarents made in the foregoing C'alplaint for Olstody are true am correct. I understan:i that false statarents herein are made subject to the penalties of 18 Pa. C.S. !i 4904, relating to unswom falsificatioo to authorities. ~.. .in{JJ(jA ~ RJ~ DENNIS MJlH)LLI\ND DA1E: ./.)H if'" /99.J " Dennis K. Mulholland, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2363 CIVIL . . Vs. : Rose. M. Mulholland, Defendant IN DIVORCE/CUSTODY PRAECIPE TO THE PROTHONOTARY: Dear Mr. Welker: Please mi'rk the above captioned Protection From Abuse action as satisfied and discontinued. O'BRIEN, BARIC & SCHERER BY: r- ~}NJ- Robert L. O'Brien, Esquire Attorney for Plaintiff LD. #28351 17 West South Street Carlisle, PA 17013 (717) 249-6873 Date: Januarv 22. 1996 FILED-{)mce OF ~..~ f""., ." 'n-t,.y . "" '",,/., ' , .I ", . ,; 1'1... ,:,,q <)o"/ft/'2J ''''3'!"'''' .... './, I. II. vv CU"" '..,.. ......"'''Y 1..'..1..1..,;..) LL'I;j./ tn, ".r)'''rl'I':~,\:1 \ 'lj \ "".,.. . .... - .. . -,- ,. ," ~.,- "~ ..., "1 ~., ~c..,,;" ,- "" ' I . ":.')11 ...\ '1 ... I. -, --",., c _,. ; ":'1"LL. "_J{}~- DENNIS MULHOLLAND, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2363 CIVIL IN DIVORCE/CUSTODY v ROSE MARIE MULHOLLAND, Defendant ORDER 01" COURT AND NOW, this ;;:>",) day of F~ , 1996, the Conciliator being advised that the parties have reached an agreement in the above matter, the Conciliator relinquishes jurisdiction. I/~ ,...--' , \ ,.,_...._._~~._~,...-~~....._..>.,,,.,,.....?__~..............;..-'-"~ '.>C~'.'. ......,.,. ,~__<.._._~_..,-'-.....-_">T"..._~.......c.'<C..~ ~ ALED-OFFlCE OF 11 IE rr.o1HONOT~RY 9GFEO -0 ~1I111 50 CUI~GEiiV.';D COUNTY rENNSYl\'N~~~ "~$-"""":'~~'-"-'." '__':';<..;.i'-"_6_.:_.-~,,~io:iti"'-'------';;-:'-""'~'-<" ~~,...._.--,,_.,. . ., ~-_.'-"'-- ..... '-_.:.',;".,,: .. " I " . ,,', '--' : i ) -, .. 1': , : ( I .. i ,. - I , ,. , I, ; , , ,- i: I I l : , - ( , "", -Ii " ~4.~ ,i - - 1\) 'l -'1 ~ ,~ ~ <> ;;; @ .... a '" ~ Q Q ffi>< '" ....1 Z Z j ex: 0 "" a j 5 :z~ ..... E-<<=> " E-< ....1 ....1 a t - a~< < a 0 ....1E-< :r: ~ :S ~o~ UE-< :r:.... ~~ .....'" ~ ~ ~ ~ t;::ffi ....1.... >::> " au ::>H HU E ~ ~ ~ U > :::15 :>:E-< :>:t:> u-.. <=>....1 :z :z '" '" ....j>< al>l :z..... ;> "'''' ....u ~ ~ r: a '" :>:<<: ~j ..... .... "'I>: >- ~ l;:gjffi ~ ~~ ....0 :5 , ~ ><< l>l"" :"I:> S ~ <=> "" I..... ::><'l"" 0 -'t<=> C2 .- ~ 85 E-< '" '" '" 10 '" ..... '" :z b U ::> ffi a . .... I>l U I>: 0 :r: z E-< Q :z .... , , .- . !/ (' M - DENNIS KEVIN MULHOLLAND Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2363 CIVIL TERM IN DIVORCE/CUSTODY vs. ROSE MARIE MULHOLLAND Defendant AND NOW, this ~ ORDER OF COURT ~ day of March, 1996, upon review of the attached Custody Modification Agreement by and between Dennis K. Mulholland, Plaintiff and Rose M. Mulholland, Defendant, this Court orders and directs that the same be hereby entered as an Order of Court. BY THE COURT, J. (') .,., p r: 1-,'\ I . r ! . , r.~ -; . "-~) ; . . I " : -; . f::J .,.11 I ~.' I .J C'. ...; . ~ DENNIS KEVIN MULHOLLAND Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. ROSE MARIE MULHOLLAND Defendant CIVIL ACTION - LAW NO. 94-2363 CIVIL TERM IN DIVORCE/CUSTODY AND NOW, this CUSTODY MODIFICATION AGREEMENT I~ day of March, 1996, the undersigned parties, the parents of Dustin MUlholland, Derek Mulholland and Dennis Ryan Mulholland, agree as follows: 1) The mother, Rose Mulholland, shall have primary physical custody of the children. 2) Both parents shall continue to share joint legal custody in reference to the children and the mother agrees that she will keep the father fully informed of the children's emotional, education and behavioral development while they are with her in California. 3) The father, Dennis Mulholland, shall have partial physical custody of the children over the Christmas holiday and school break, as well as for a period of three (3) to four (4) weeks during the summer school break in July. 4) The air travel expenses of the children shall be shared equally. 5) This agreement shall be entered as an Order of Court. , . . IN WITNESS WHEREOF, the parties have affixed their hands and seals the date first above written. WITNESS: 0uJ .4J,~ A.jJrJ . f) _ (SEAL) DE~sr'K. MULHOLLAND ~&~dtH~f&!/fl" t1(SEAL) STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND ~ On this, the / day of March, 1996, before me, the undersigned officer, personally appeared DENNIS K. MULHOLLAND, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, j ~;;~d Notary P lic official seal. r':r/"";,1JSl-:::.1 ANl<'~"" ",,-,,\,p~brlC C' . Y ... .- r., I STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND ~;- On this, the / ~ day of March, 1996, before me, the undersigned officer, personally appeared ROSE M. MULHOLLAND, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official ~ 9~~ ~//..,/>/ ~ ~ Nota;;-~ seal. I- f ,'~,' . - ~ ':' '; :\1 ^rv-.h' ' "...r,t~r. c' t.- .., . .' .,