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HomeMy WebLinkAbout94-06523 1 ~ . tn .7 =a 3 C. ~ r- J rt)j n I lI) I ~ . ~ ~ BOBBIE JO MUNDT, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94 - 6523 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY RODNEY ALLEN MUNDT, Defendant AND NOW, PROTECTIVE ORDER ~ this ~ day of December, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, RODNEY ALLEN MUNDT, is enjoined from physically abusi~g the plaintiff, BOBBIE JO MUNDT, or from placing her in fear of abuse. 2. The defendant, RODNEY ALLEN MUNDT, is hereby excluded from the premises located at 200 North Frederick Street, Apt. 2, Mechanicsburg, Pennsylvania. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000 and/or by a sentence of up to six months in jail and any other appropriate punishment. Consent of the plaintiff to the defendant's resumption of residence with the plaintiff shall not invalidate this Order. The defendant shall seek modification (change) of this Order before resuming residence in the plaintiff's domicile. 3. The defendant, RODNEY ALLEN MUNDT, is ordered to stay away from any residence the plaintiff may establish for herself in the future. 4. The defendant is ordered to refrain from having any contact with the plaintiff, except for the purpose of facilitating periods of partial custody, including, but not limited to, entering the plaintiff's place of employment, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. 5. This Order shall remain in effect for a period of one year. 6. The Mechanicsburg Police Department will be provided with a copy of this Order by attorneys for plaintiff and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall not be taken to jail but shall be taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the defendant shall be arraigned before a district justice who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure (23 PS section 6113). By the Court d-~(Ll f& // H i: ld E. Sheely, '0: BOBBIE JO MUNDT, Plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 6523 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY RODNEY A~LEN MUNDT, Defendant CUSTODY ORDER AND NOW, this ~day of December, 1994, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children, ECHO and DESTINI MUNDT. 1. The plaintiff, hereinafter referred to as the mother, will have primary physical and legal custody of the children. 2. The defendant, hereinafter referred to as the father, will have partial custody of the children, according to the following schedule: a. Every Saturday from 10:00 a.m. until 5:00 p.m. until the father establishes a residence with overnight accommodations for the children. b. Every other weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m. conditioned on the father having a residence with overnight accommodations. c. Any other times which are mutually agreed upon by the parties. 3. The mother and father, by mutual agreement, may vary from this schedule at any time. 4. The mother and father will notify each other of all emergency medical care the children receive while in that parent's care. S. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. By the court, ')/1 ~~ (~:' ,.}i~/,. arold E. Sheely, J. BOBBIE JO MUNDT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 6523 CIVIL TERM PROTECTION FROM ABUSE AND CUS'lODY vs. RODNEY ALLEN MUNDT, Defendant CONSENT AGREEMENT This Agreement is entered on this --L- day of December, 1994, by the plaintiff, BOBBIE JO MUNDT, and the defendant, RODNEY ALLEN MUNDT. The plaintiff is represented by Joan Carey, of Legal services, Inc.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the fOllowing may be entered as an Order of Court. 1. The defendant, RODNEY ALLEN MUNDT, agrees to refrain from abusing the plaintiff, BOBBIE JO MUNDT, or from placing her in fear of abuse. 2. The defendant agrees not to have any contact with the plaintiff, except for the purpose of facilitating periods of partial custody, including but not limited to, entering the plaintiff's place of employment. 3. The defendant agrees not to harass or stalk the plaintiff or harass the plaintiff's relatives. 4. The defendant agrees to stay away from the residence located at 200 North Frederick street, Apt. 2, Mechanicsburg, Pennsylvania. 5. The defendant agrees to star away from any residence the .. Plaintiff may establish for herself in the future. 6. The defendant, although entering into this Agreement, does not admit the allegations made in this Petition. 7. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 8. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protective Order entered in this case. 9. The defendant and the plaintiff agree to the entry of an Order regaruing custody of their children, ECHO and DESTINI MUNDT: a. The mother will have primary physical and legal custody of the children. b. The father will have partial custody of the child every other weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m. if he has overnight accommodations for the children; otherwise, the father will have every Saturday from 10:00 a.m. until 5:00 p.m. c. The mother and father, by mutual agreement, may vary from this schedule at any time but the Order shall remain in effect until either party petitions to have it changed. d. The mother and father agree that each will notify the other of all emergency medical care the children receive while in that parent's care. '. . e. The parties realize that their children's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. WHEREFORE, the parties request that Orders of Court be entered to reflect the above terms. , , 7 ./ Plaintiff . .I . \ ."T.../t1-t/' ' . ...~ 1: Rodney A. Mundt, Defendant tj o n carey Attorney for Pla LEGAL SERVICES, 8 Irvine Row carlisle, PA 17013 (717) 243-9400 CORRECTION: Previous Image Refilmed to Correct Possible Error , VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - ~ Sol ~ CIVIL TERM PROTECTION FROM ABUSE : AND CUSTODY BOBBIE JO MUNDT, plaintiff RODNEY ALLEN MUNDT, Defendant TEMPORARY PROTECTIVE ORDER AND NOW, this 1.5111 day of November, 1994, upon presentation and consideration of the within petition, and upon finding that the plaintiff, BOBBIE JO MUNDT, temporarily residing at 1110 Cocklin street, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, RODNEY ALLEN MUNDT, the following Temporary Order is entered. The defendant, RODNEY ALLEN MUNDT, now residing at 200 N. Frederick street, Apt. 2, Mechanicsburg, cumberland county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, BOBBIE JO MUNDT, or placing her in fear of abuse and is excluded from the residence located at 200 North Frederick street, Apt. 2, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. Temporary custody of ECHO and DESTINI MUNDT is hereby awarded to the plaintiff, BOBBIE JO MUNDT. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, entering the plaintiff's place of employment, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the J.1,CcJday of November, 1994, at /),: j{) fl.m. in Courtroom No. / , cumberland county courthouse, carlisle, pennsylvania. The plaintiff may proceed in forma DauDeris pending a further order after the hearing. The Cumberland county Sheriff's office shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of civil Procedure. This Order shall be docketed in the office of the prothonotary and forwarded to the Sheriff for service. The prothonotary shall not send a copy of this order to defendant by mail. The Mechanicsburg Police Department will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or BOBBIE JO MUNDT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM vs. PROTECTION FROM ABUSE AND CUSTODY RODNEY ALLEN MUNDT, Defendant NOTICE You have been sued in court. It 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, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 grabbed the plaint if by her shirt and threw her ~cross the room, causing her to fall to the floor. The defendant ran to the plaintiff, grabbed her by the shirt, picked her up and while holding onto her shirt, threw her back and forth across the room. After several minutes of this, the shirt ripped and the plaintiff fell to the floor. An uncle who had been watching television intervened. The plaintiff left the residence and returned later. The plaintiff was seen and treated at the seidle Memorial hospital's First Care Center and suffered pulled ligaments in her ankle, a sprained thumb, and bruising. b. In or around September 1994, the defendant pushed the plaintiff, grabbed her by the shirt, tore the plaintiff's shirt and bra off of her, and threw her to the ground. The plaintiff got up, attempted to cover herself, and ran inside the apartment. c. In or around August 1994, the defendant chased the plaintiff to the basement, threw her around the basement several times, and pushed and shoved her, causing bruising, cuts, and scratches to her arms, back, and knees. d. In or around July 1994, the defendant picked up the plaintiff and attempted to push her into the car. The plaintiff got away and ran, but the defendant grabbed her and again attempted to push her into the car. The plaintiff freed herself and ran to the house, but the defendant followed and pushed her into the wall from behind, causing her to fall into the wall and scrape her elbow. The defendant then spit in the plaintiff's face approximately ten times. e. On approximately a monthly basis, the defendant has abused the plaintiff in ways including, but not limited to, the following: pointing fingers in her face, raising his hand as if to hit her, placing her in fear of imminent serious bodily injury, hit the plaintiff in the face with an open hand, breaking her nose, slapping her, pushing her down the stairs, and grabbing the plaintiff and throwing her around. 5. On approximately November 8, 1994, the plaintiff and her two children left their residence at 200 N. Frederick street, Mechanicsburg, Cumberland county, pennsylvania in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the defendant should she return to the home with her children without defendant's exclusion, and that she is in need of protection from such abuse. 7. The plaintiff desires that the defendant be restrained from entering her place of employment, having any contact with her, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. B. TEMPORARY CUSTODY 8. The plaintiff seeks temporary custody of the following children: ~ Present Residence ~ ECHO MARIE MUNDT 1110 Cocklin street Mechanicsburg, PA 5 yrs. DESTINI LEE HUNDT same location 1 yr. The oldest child was born out of wedlock, the youngest was not. The children are presently in the custody of BOBBIE JO HUNDT, who resides at 1110 Cocklin street, Hechanicsburg, Pennsylvania. During the past five years, the children have resided with the fOllowing persons and at the following addresses: plaintiff Addresses 200 N. Frederick st. Hechanicsburg, PA 1110 Cocklin street Hechanicsburg, PA The mother of the children is BOBBIE JO HUNDT, currently Dates 8/89 - 11/8/94 ~ plaintiff & defendant 11/8/94 - present residing at 1110 Cocklin street, Hechanicsburg, Pennsylvania. She is married. The father of the children is RODNEY HUNDT, currently residing at 200 N. Frederick street, Hechanicsburg. The plaintiff currently resides with the following persons: ~ ECHO HUNDT DESTINI HUNDT SUSAN RelationshiD daughter daughter friend 9. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. 10. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 11. The plaintiff does not know of any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. The best interests and permanent welfare of the children will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for the following reasons: a. The plaintiff is a fit parent who can best taks care of her children. b. The defendant has shown by his abuse of the petitioner that he is not an appropriate role model for the children. C. EXCLUSIVE POSSESSION 13. The home from which the plaintiff is asking the Court to exclude the defendant is rented in the name of BOBBIE JO MUNDT. 14. The plaintiff currently has no place to stay with her children except the marital home, and the defendant has family and friends in the area with whom he can stay. 15. The plaintiff desires possession of the apartment so as to give the greatest degree of continuity to the lives of the children, to allow her oldest child to continue her education at her school, and to continue the children's school and social activities. D. LOSSES 16. The plaintiff asks for attornsy fees to be paid to Legal Services, Inc. pursuant to the Protection from Abuse Act. E. STATUS TO PROCEED IN FORMA PAUPERIS 17. The defendant is employed at Winding Hill Window Cleanlng and has an hourly salary of approximately $6.00. lB. The plaintiff currently receives public assistance in the amount of $116.00 per month. 19. The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of october 7,1976,23 P.S. Section 6101 g.t .wm., as amended, the plaintiff prays this Honorable Court to grant the fOllowing relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not limited to, restraining the defendant from entering the plaintiff's place of employment, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. 3. Granting temporary custody of the minor children to the plaintiff. 4. Granting possession of the apartment located at 200 N. Frederick street, Mechanicsburg, to the plaintiff to the exclusion of the defendant pending a final order in this matter. 5. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not limited to, restraining the defendant from entering the plaintiff's place of employment, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. 3. Granting possession of the apartment located at 200 N. Frederick street, Mechanicsburg, to the plaintiff to the exclusion of the defendant. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself . 5. ordering the defendant to pay attorney fees to Legal Services, Inc., pursuant to the Protection From Abuse Act. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that a copy of this Petition and Order be delivered to the Mechanicsburg police Department as the Police Department with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 20. The allegations of Count I above are incorporated herein as if fully set forth. 21. The best interests and permanent welfare of the children will be served by confirming custody in the plaintiff as set forth in Paragraph 12 of the Petition. WHEREFORE, pursuant to 23 P.S. Section 5301 g.t ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor children to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, (/~/t -4- Joan Ca ey Philip c. Briganti Attorneys for Plaintiff LEGAL SERVICES, INC. B Irvine Row Carlisle, PA 17013 (717) 243-9400 BOBBI JO MUNDT, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF RODNEY ALLEN MUNDT, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-6523 CIVIL TERM MOTION FOR CONTINUANCE The plaintiff, by and through her attorney, Joan carey of Legal Services, Inc. states the following: 1. On the 15th day of November, 1994, the plaintiff filed a Protection From Abuse action and the court entered a Temporary protective Order and scheduled a hearing for the 23rd day of November, 1994. 2. Legal Services has been in contact with the defendant who is not contesting the matter and wishes to execute a Consent Agreement making a hearing unnecessary at this time. 3. The plaintiff and defendant are in the process of finalizing the terms of the agreement and signing the agreement, but the defendant has asked Legal Services for additional time beyond the hearing date of November 23, 1994 to complete this process. 4. The plaintiff is not opposed to a continuance of the hearing if the Temporary Protective Order remains in effect pending further Order of Court after receipt of the signed Consent Agreement. , DODDlE JO MUNDT PLAINTIFF IN TilE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY, PENNSYLV AN/A v. 94-6523 CIVIL ACTION LAW RODNEY ALLEN MUNDT DEFENDANT IN CUSTODY O/UlF.n OF ('01 InT AND NOW, Monday, December 16,2002 ,upon consideration of the attached Complaint, it is hereby dircctcd that parties and their respective counsel appear beforc Melissa p, Greevy, Eoq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 On Monday, January 20, 2003 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannol be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tcmporary order. All childrcn age five or older may also be present at the conference. Failure to appear at the conlerence may provide grounds for entry of a temporary or permanent order. The court herehy directs the parties to furnIsh any and all existIng ProtectIon from Ahuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT, By: 101 Melissa P. Greev~. Esq. y Custody Conciliator U The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available 10 disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS I'APER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Cnrlisle, Pennsylvnnill 17013 Telephone (717) 249-3166 .... ('I '- I'r; ..; ~ ~. (0 , .r " " " r , :r~ .'. " , I '. V" ; 1 , ".Ll L: l ~ \;. ( J J '. , , ) U iii u 1;;_ u: ~~ u. U'l"'" 0 o z.....,. O~ J == ,,~,l, -.t ~ g~ .J~~R < O:e- o z ~ (:, - a J: ::J VI ~ GUIDA LAW OFFICES . -. ~dll NlllHtl II{I l...r SHill! 11-\~~j~IlUIH." I'" 17101 l-I;'J .!.lh h4.1l) ;IFf: n II 200? \{ " BOBBIE JO MUNDT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94 - 6523 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY RODNEY ALLEN MUNDT, Defendant CONSENT AGREEMENT This Agreement is entered on this --L- day of December, 1994, by the plaintiff, BOBBIE JO MUNDT, and the defendant, RODNEY ALLEN MUNDT. The plaintiff is represented by Joan Carey, of Legal Services, Inc.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, RODNEY ALLEN MUNDT, agrees to refrain from abusing the plaintiff, BOBBIE JO MUNDT, or from placing her in fear of abuse. 2. The defendant agrees not to have any contact with the plaintiff, except for the purpose of facilitating periods of partial custody, including but not limited to, ente~ing the plaintiff's place of employment. 3. The defendant agrees not to harass or stalk the plaintiff or harass the plaintiff's relatives. 4. The defendant agrees to stay away from the residence located at 200 North Frederick street, Apt. 2, Mechanicsburg, Pennsylvania. 5. The defendant agrees to stay away from any residence the Exhibit A Plaintiff may establish for herself in the future. 6. The defendant, although entering into this Agreement, does not admit the allegations made in this Petition. 7. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. B. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protective Order entered in this case. 9. The defendant and the plaintiff agree to the entry of an Order regarding custody of their children, ECHO and DESTINI MUNDT: a. The mother will have primary physical and legal custody of the children. b. The father wil~ have partial custody of the child every other weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m. if he has overnight accommodations for the children; otherwise, the father will have every Saturday from 10:00 a.m. until 5:00 p.m. c. The mother and father, by mutual agreement, may vary from this schedule at any time but the Order shall remain in effect until either party petitions to have it changed. d. The mother and father agree that each will notify the other of all emergency medical care the children receive while in that parent's care. ~ ~ BOBBIE JO MUNDT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 6523 CIVIL TERM vs. PROTECTION FROM ABUSE AND CUSTODY RODNEY ALLEN MUNDT, Defendant CUSTODY ORDER AND NOW, this --'Lbtday of December, 1994, upon consideration of the parties' Consent Agreement, the fOllowing Order is entered with regard to custody of the parties' children, ECHO and DESTINI MUNDT. 1. The plaintiff, hereinafter referred to as the mother, will have primary physical and legal custody of the children. 2. The defendant, hereinafter referred to as the father, will have partial custody of the children, according to the following schedule: a. Every Saturday from 10:00 a.m. until 5:00 p.m. until the father establishes a residence with overnight accommodations for the children. b. Every other weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m. conditioned on the father having a residence with overnight accommodations. c, Any other times which are mutually agreed upon by the parties. 3. The mother and father, by mutual agreement, may vary from this schedule at any time, .' I, 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. S 4904, relatinq to unsworn falsification to authorities. DATE: l~o"l.ll~ ATTORNEY FOR :'_'~'_'~"~ ;tJ."....":.,..,,t4!r. '''''~ .. .U > '".... '._" ."c C.' .~..">.'-;:. ,;'.,.;'~,.;,ii~'-.' .,'. ""'. ... .. -- .~j,,,!;Jj.::"?_':.t:!{'i;l<;';'0'''IY;J~~J;~?~,,,''')f,..f?U'>'.'nlt.t!'~~~_Wft-iWitM-:'-'1w,.,.-...."""""'" 'i '. .' ft' . . I . . I ! ! \ \ I I , " ......e._. J , BOBBIE JO MUNDT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW RODNEY ALLEN MUNDT, Defendant NO. 94-6523 CIVIL TERM ORDER OF COURT AND NOW, this 61h day of December, 2002, upon consideration of Defendant's Petition lor Special and Emergency Reliel~ a hearing is scheduled for Tuesday, December 17, 2002, at 3:30 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, , / ~ . ~ .(>/ l J. WCsley Oler, Jr., J. 'Bobbie Jo Singiser 272 Orebanic Street Apt. 3 Dillsburg, PA 17019 Plaintiff, Pro Se t~~ > 11 Rl\S I~ -l,-O.;l , Gail Guida Souders, Esq. 503 North Front Street Harrisburg, P A 1710 I Attorney lor Defendant :rc 'I. >- r~ ~.:: LJJ~) ~:\ ' ~j~ h ( I', J,' . ,.. L. .. LL ~ ,. .., <"-' ..::. (: ., ~'=) <' i','} :~ :':,~ /j .~ .( I;'} CJ =';: ...:: .n I ( ~ L.. L...~ r'd C.) ;"ltG -I~~ "j U l!l U t;_ :<jO u: ~... 0 u.. VI ~ oo:t o !Z-:1; e ~ .b == ... ..... :5~~g < Z"!:> Q .... ~ - 0 J: ;:) '" c.:l ,; (;\ /IDA L\\\' Ollie'" . ".',,1, ' "'1< " w;' Df (; i) 6 2Uu;; \. II. I'\! ';,11 ," .1,' Ii,' BOBBIE JO MUNDT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 6523 CIVIL TERM vs. PROTECTION FROM ABUSE AND CUSTODY RODNEY ALLEN IfUNDT, Defendant CONSENT AGREEMENT This Agreement is entered on this --L- day of December, 1994, by the plaintiff, BOBBIE JO MUNDT, and the defendant, RODNEY ALLEN MUNDT. The plaintiff is represented by Joan Carey, of Legal Services, Inc.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, RODNEY ALLEN MUNDT, agrees to refrain from abusing the plaintiff, BOBBIE JO MUNDT, or from placing her in fear of abuse. 2. The defendant agrees not to have any contact with the plaintiff, except for the purpose of facilitating periods of partial custody, including but not limited to, entering the plaintiff'S place of employment. 3. The defendant agrees not to harass or stalk the plaintiff or harass the plaintiff'S relatives. 4. The defendant agrees to stay away from the residence located at 200 North Frederick street, Apt. 2, Mechanicsburg, Pennsylvania, 5. The defendant agrees to stay away from any residence the Exhibit A Plaintiff may establish for herself in the future. 6. The defendant, although entering into this Agreement, does not admit the allegations made in this Petition. 7. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 8. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protective Order entered in this case. 9. The defendant and the plaintiff agree to the entry of an Order regarding cuatody of their children, ECHO and DESTINI MlJNDT: a. The mother will have primary physical and legal custody of the children. b. The father will have partial custody of the child every other weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m, if he has overnight accommodations for the children; otherwise, the father will have every Saturday from 10:00 a.m. until 5:00 p.m, c. The mother and father, by mutual agreement, may vary from this schedule at any time but the Order shall remain in effect until either party petitions to have it changed. d. The mother and father agree that each will notify the other of all emergency medical care the children receive while in that parent's care. BOBBIE JO MUNDT, Plaintiff IN THE COURT OF COMMON PLEAS OF . . CUMBERLAND COUNTY, PENNSYLVANIA NO, 94 - 6523 CIVIL TERM vs. PROTECTION FROM ABUSE AND CUSTODY RODNEY AL~EN MUNDT, Defendant CUSTODY ORDER ~ AND NOW, this --lL oay of December, 1994, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children, ECHO and DESTINI MUNDT. 1. The plaintiff, hereinafter referred to as the mother, will have primary physical and legal custody of the children. 2. The defendant, hereinafter referred to as the father, will have partial custody of the children, according to the following schedule: a. Every Saturday from 10:00 a.m. until 5:00 p.m. until the father establishes a residence with overnight accommodations for the children. b. Every other weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m. conditioned on the father having a residence with overnight accommodations. c. Any other times which are mutually agreed upon by the parties. 3. The mother and father, by mutual agreement, may vary from this schedule at any time. (- ., ~ \ ,'. ~.f ,/"~ . ~.' .,..1\. . ".,c"-I^"v ." ,J :-':'\1 ;', rrr . 'J II:)' 8: \ II c'... . ' ') ( (\IJt'l'f '\.11. "". ""....... "'I \l~; 1\ i:":'l;~/N\I'I\ S-O pJ pti ~I-''\ Ck.;I 9')1 /..::# I ');p-~ . ,..,.,., ,,,_.tr-.o-.,-.-., . i . I I I , . . . f.' , .. , "- .( ~ MAR 0 4 ZOO] ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6523 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BOBBIE JO MUNDT, v. RODNEY ALLEN MUNDT, Defendant Q.BPER OF COURT AND NOW, this ~ day of March, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of December 6,1994 Is VACATED. 2. Leqal Custody. The parties, Bobble Jo Mundt and Rodney Allen Mundt, shall have shared legal custody of the minor children, Echo Mundt, born August 23, 1989, and DesUni Mundt, born May 2, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being Including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. ~5309, each parent shall be entitled to all records and Information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of tho other parent. To the extent one parent has possession of any such records or Information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. This Order confirms the physical custody arrangement which the parties have been following since December 6, 2002: A. Mother has primary physical custody of Destin!. B. Father has primary physical custody of Echo. C. In recognition of the children's need to spend time together, the parties agree that the children shall be together on alternate weekends in accordance with the following schedule: To commence the weekend of March 1, 2003, the children shall be together for Father's custodial weel(end; To commence the weekend of March 8, 2003, the children shall be together for Mother's custodial weekend. .~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6523 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BOBBIE .)0 MUNDT, v. RODNEY ALLEN MUNDT, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information conceming the children who are the subject of this litigation Is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Echo Mundt Destini Mundt August 23, 1989 May 2,1993 Father Mother 2. A Custody Conciliation Conference was held on February 25, 2003 pursuant to Father's Petition to Modify filed on December 6, 2002. Present for the conference were: the Mother, Bobble Jo Mundt Singlser, and her counsel, Nora F. Blair, Esquire; the Father, Rodney Allen Mundt, and his counsel, Gail Guida Souders, Esquire. 3. In light of this strained relationship between Mother and Echo, the parties hLlvo agreed that Mother and Echo will participate In counseling together to utilize professional assistance to address the division and distress In that relationship at this time. Both parties acknowledged that they have difficulty In communicating and decision making In an effective fashion together as parents. To their credit, and in spite of their frustration level, these parents have agreed to seek the assistance of a third party to address this concern for the best interest of their children. Among the topics of concern cmd for discussion will be the weight to be afforded to a child's preferences and the distinguishing between the role of parents and adolescents In decision-making. dk/()3 Datll The parties reached an agreement In the form of an Order as attached. LlOQu ~----. Melissa Peel Greevy, Esquire Custody Conciliator 4. :210365 ,. BOBBIE 10 SIN{jISUt I'L\INlIH' IN TIIF l'lJUIU OF COM~10N PLEAS OF CUt\IIlI'RI.ANIJ COUNTY. PFNNSYI.VANIA v, 94-6523 CIVIL AlTION LA W RODNEY ALLEN MUNDT IN CUSTOI>Y 11IH'NIMNT OIWEH OF COllin ANI> NOW. We~ncsll.y,Oeloher 26, 2005, _' upon ~llllsid~ralilll1 ()f Ih~ utti.ll.:lwd l'tHllplaiI11. it is hereby direcled Ihal parties and Iheir respective counsel appear bel'ure l\1ell... ", Greevy. E"I. . the coneilialor, at.._J\1~J~~.~I~ve~~,!~OtSI.t.SI., Can.lp~II!I,!',\ 170!L on Frld~r,~.cemher 02,~005..___, ' , alll.:OO__AI\1 for a Prc-H":ilring Cllsto~ty Conli:rl.:m:c. At slIch conti:rcllcc. an effort will he made III resolve the issues in dispute; or i I' Ihis Cllnnnt be accomplished. to define lInd narrow Ihe issues to be heard by the coun. llnd 10 enler inln II temporary order. All children aJ,te live or older mllv also be presenl althe conference. Failure 10 appear lIllhe conference m'I\' provide grounds ti,r entry of a tempomry or permanenl order. Th. court hercl>)" directs the pnrtles to rurnlsh un)' and all existing Protection rrom Ahuse orders, SpecInl neu.r orders, and Custod\' orders to the conclllutor -IH hours prior to scheduled hearln\!. FOR TilE COURT. Ill': _lsl,_..__Melil!!i!l-'>.!J;!~'l.y,gl!.q" ,..II~ Custody Conciliator P" The Court or Common Pleas ol'Cumberland County is rcquired by law to comply with the Amerkans \vith Oisabilitcs Act of I')l)O. Fur information about accl:ssihlc facilitks ;mJ n:asnnahk ~II.:COlllm(llhl1iol1s availahlc to disabled individuals having husillcss hcftlfC thc cuurt, ph:asc I.:ontacl OUI' oflicc, All arrangcments must be made at least 72 hours prior to any hearing or business beIilre the court. You must attend Ihe scheduled confercncc or hcaring, YOU SIIOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT IIA VE AN ATTORNEY OR CANNOT AFFORD ONE, (iO TO OR TEl.l'l'llONF TilE OFFICE SET FORTII BELOW TO FIND OUT WIIERE YOU CAN (,ET LF<iAL IIELI'. Cumherland Coullty Bar AsslIciation J2 Soulh Iledlilnl Slreel Carlisle. Pennsylvania 17111.1 Telephone 17171 2~l)-.11 6h . .' RECEIVED or.r 20 LUUS ~ {f\ BOBBIE JO SINGlSER, (formerly Bobbie Jo Mundt) Plaintiff : IN THE COURT OF COMMO : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY RODNEY ALLEN MUNDT, Defendant : NO. 94-6523 CIVIL TERM ORnER OF COURT AND NOW, this day of ,2005, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, , the Concililltor, at ' on the day of ,2005, at m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court llnd to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TI-IA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberlllnd County Bar Association 32 South Bcdford Street Carlisle, PA 17013 AMERICANS WITH DlSADlLlTmS ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disllbilities Act of 1990. For information about accessible fllcilities and reasonable acCommodlltions available to disabled individuals having business before the court, please contuct our oflice. All arrangements must be made lltleust 72 hours prior to any hell ring or business before the court. You must uttend the scheduled conference or hearing. .. MAR n ,1 7~Jnl it Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6523 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BOBBIE JO MUNDT, v. RODNEY ALLEN MUNDT, Defendant ORDER OF COURT AND NOW, this (, e:. day of March, 2003, upon consideration of the attached Custody Conciliation Summary Report, It Is he'eby ordered and directed as follows: 1. This Court's Order of December 6, 1994 /s VACATED. 2. Leaal Custodv, The parties, Bobble Jo Mundt and Rodney Allen Mundt, shall have shared legal custody of the minor children, Echo Mundt, born August 23, 1989, and Destlnl Mundt, born May 2, 1993, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being Including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. 95309, each parent shall be entitled to all records and Information pertaining to the children Including, but not limited to, medical, dental, religious or school records, the residence address of the children and of Ihe other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or caples thereof,' with the other parent within such reasonable time as to make the records and Information of reasonable use to the other parent. 3. Phvslcal Custodv. This Order confirms the physical custody arrangement which the parties have been following since December 6, 2002: A. Mother has primary physical custody of Destln!; B. Father has primary physical custody of Echo. C. In recognition of the children's need to spend time together, the parties agree that the children shall be together on alternate weekends In accordance with the following schedule: To commence the weekend of March 1, 2003, the children shall be together for Father's custodial weekend; To commence the weekend of March 8, 2003, the children shall be together for Mother's custodial weekend. ........-.'.....~"".......~..,~~.......,...'-,....;..................."-"." d""'~"",~"-"'~'- FILW,Cl,iCE OF n'r: [-';:'1' ,~,~I')T^ny 1~~ ,.J I '.... I'd ,"\Tl 2005 OCT 19 PII 2: 27 CtH,'.-,:, '~~_;~,:ry f'Jr-l,11' ,..,'1 \/ "1'\ "'< ~~ ~""'_.___~_~'_ ...._.., __, .~.__ '. _.c_~"" ___ _..,..__~.,..~,_ _,'.n'~___ ~---"'''''''''.~~.H1,....,f.-'-'''-'-~' , -"-'. f,/ t . ., , 1 .. " " # , . -- ! v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LA W : IN CUSTODY BOBBIE 10 SINGlSER, (formerly Bobbie Jo Mundt) Plainti ff RODNEY ALLEN MUNDT Defendant : NO. 94-6523 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Bobbie Jo Singiser, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, allameys lor the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date / {) Is- los- . I f atlileen O'Connor Certified Legal Intern iYJf. ~ ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Allorneys FAMILY LAW CLINIC 45 North Pill Street Carlisle. PA 17013 717-243-2968 ,"{ AI.ED-O~"FICE OF lHE PROTHONOTARY 20051lOV 10 PH 3: 52 CUMlb1L!,j';D COUNlY PENNSYlVt,NlA '.""'__W"_' :~( . :.....,.,.-- ~ -" -.. 7"'-""--~""".'~-:"-___"""""-:~''"''''C.~'':-'.....' ...- . f 1 . , . , , .. , f .)' , ,I f'''', _.. _~ " h_.~__. .. Plaintiff DEe 0 tJ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6523 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BOBBIE JO SINGISER, v. RODNEY ALLEN MUNDT, Defendant OLER, J. no ORDER OF COURT AND NOW, thl3 ~ day of December, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of March 6,2003 is VACATED. 2. Leaal Custodv. The parties, Bobbie Jo Singiser and Rodney Allen Mundt, shall have shared legal custody of the minor children, Echo Mundt, born August 23, 1969, and Destlni Mundt, born May 2, 1993. Each parent shall have an equal right to be exercised jointly with the other parent, to make all non-emergency decisions affecting the children's general well being including, but not limited to all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. ~5309, each parent shall be entitled to all records and Information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or Information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Phvsical Custodv. Mother has primary physical custody of the children subject to Father's rights of partial custody, which shall be arranged by mutual agreement of the parties. BY THE COURT: Olst: /' ~thleen O'Connor. CLl. Family Law Clinic. 45 North Pitt Street. Carlisle. PA 17013 'A1~" 00 '''"'' ''""' 'MO. Moo","'"',,," "'" '( 'Vr? \'\.' \ , Plaintiff DEe 0 II 2005 IN THE COURT OF COMMON PLEAS d} CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6523 CIVIL TERM BOBBIE JO SINGISER, v. RODNEY ALLEN MUNDT, CIVIL ACTION - LAW IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1, The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Echo Mundt Destini Mundt August 23, 1989 May 2,1993 Mother Mother 2. A Custody Conciliation Conference was held on December 2, 2005 in response to a Petition to Modify Custody Order filed by Mother on October 19, 2005. The last Order entered In this matter was March 6, 2003. Present for the conference were: the Father, Rodney Allen Mundt did not attend; the Mother, Bobble Jo Singiser, f/kJa Bobbie Jo Mundt, and her counsel, CLI Kathleen N. O'Connor and Anne MacDonald-Fox, Esquire. 3. Mother's Position on Custodv: Mother produced a Proof of Personal Service Indicating that Father had been served on November 19, 2005. The Proof of Service has been filed with the Court. Mother reports that Echo has lived with her since May 2003 and that the parties have not followed the Order entered in March 2003. Mother further reports that Echo wants to stay with her. The girls are presently seeing the Father every other weekend for one or two days. Ms. O'Connor, the Dickinson Family Law Clinic Intern, reports that Father did not respond to their attempts to resolve the matter without a Custody Conciliation Conference. Accordingly, they filed the Petition herein seeking an Order confirming the status quo. 4. Father's Position on Custodv: Is unknown because Father failed to attend the conciliation conference. The Conciliator's office received no indication as to whether Father was attending, nor did counsel, on Father's behalf, contact the Conciliator's office seeking a continuance. BOBBIE JO SINGISER, (formerly Bobbie Jo Mundt) Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN CUSTODY RODNEY ALLEN MUNDT, Defendant : NO. 94-6523 CIVIL TERM 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, you may lose rights of custody and visitation of your child, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 32 S, Bedford St. Carlisle, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations avail to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. .' BOBBIE JO SINGISER, (formerly Bobbie Jo Mundt) Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN CUSTODY RODNEY ALLEN MUNDT, Defendant : NO, 94-6523 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER I. The petition of Ms. Bobbie Jo Mundt Singiser, by her attorneys, the Family Law Clinic, respectfully represents that on March 6, 2003, an Order of Court was entered for custody of Echo Mundt, born August 23, 1989, and Destini Mundt, born May 2, 1993, a true and correct copy of which is attached, Under the existing Order, Rodney Allen Mundt (hereinafter "Father"), has primary physical custody of Echo, and Bobbie Jo Mundt Singiser (hereinafter "Mother") has primary physical custody ofDestini, Mother is to have physical custody of both children on alternate weekends, 2, This Order should be modified because: a, The parties have not followed the March 6, 2003 Order, for some time, b, Echo has been living with Mother since May 2003, c, Echo, who is sixteen years old, has expressed a de:sire to continue to live with Mother. d, Modifying the Order of Court dated March 6, 2003 would be consistent with the current status quo and would foster the children's need to continue to spend time together. WHEREFORE, Petitioner asks that the Court modifY the existing Order for Custody and grant Mother primary physical custody of Echo Mundt because it will be in the best interest of both children, Date: 10 /J- lor I I &~ Kathleen O'Connor Certified Legal Intern ~Jfe~ mOMAS M, PLACE ROBERT E, RAINS LUCY JOHNSTON-WALSH ANNE M<\CDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243.3696 Fax: (717)243-363 VERIFICATION I verify that the statements made in this petition are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are subject to the penalties of 18 Pa, C,S, ~ 4904 relating to unsworn falsification to authorities, Date: II-S - O,S ~~;# Bobbie Jo Singi MAR 0 4 Z003 ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-6523 CIVIL TERM BOBBIE JO MUNDT, v, CIVIL ACTION - LAW RODNEY ALLEN MUNDT, IN CUSTODY Defendant ORDER OF COURT r. AND NOW, this t ~ day of March, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1, This Court's Order of December 6, 1994 is Vj\CATED, 2, Leaal Custodv, The parties, Bobbie Jo Mundt and Rodney Allen Mundt, shall have shared legal custody of the minor children, Echo Mundt, born August 23, 1989, and Destini Mundt, born May 2, 1993, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion, Pursuant to the terms of Pa, C, S, S5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody, This Order confirms the physical custody arrangement which the parties haye been following since December 6, 2002: A. Mother has primary physical custody of Ds!stinL B, Father has primary physical custody of Echo. C, In recognition of the children's need to sptmd time together, the parties agree that the children shall be together on alternate weekends in accordance with the following schedule: To commence the weekend of March 1, 2003, the children shall be together for Father's custodial weekend; To commence the weekend of March 8, 2003, the children shall be together for Mother's custodial weekend, NO. 94-6523 CIVIL TERM 4, Should either parent be incapacitated or unavailable to exercise their role as the primary custodial parent of a child subject to this Order, the other parent will assume primary physical custody of said child. 5, Counselina, In recognition of the strain that exists in the relationship between Mother and Echo, Mother and Echo will participate in counseling together. 6, Co-Parentina, The parties tu this Order shall participate in co-parent 'counseling to assist them in opening a respectful dialogue that will allow them to participate cooperatively in the necessary decisions they must make as parents of two teenage children, The cost of this counseling which are not reimbursed by health insurance shall be shared between the parties on a pro rata net income basis with the net income ratio determination being that same ratio as is used by the Domestic Relations Office, If needed, counsel for the parties will assist them in identifying affordable resources to participate in this undertaking, BY THE COURT: /s/ C). /.Jh.J'j {P..t~,- 9 * t ~ J. Dist: Nora F, Blair, Esquire, 5440 Jonestown Road, Harrisburg, PA 17112 Gail Guida Souders, Esquire. 503 N, Front Street, Harrisburg, PA 17101 1 ~-; j- ') i;'~ ! T;"k' 1lJ.';'':; :):~;;.', ,,:;" " ! >::r. ""-q,:;:;:~'~N ~ tl... .. "'''-''- -.- '. ,.,.~-"~~ ~l':rf;\tl"r.'~t.:;f..~,-".. ~- .....' r. -'" "...'-h",,',;:''!:j<t . c,:. ...., c~.:., 0 c:::-:::> ,>"'. --n C .-1 c , ~. -j r i~ '..;".) ( 1"'''' .l -I -0-1 ;-.."., -~'>. :,0 _J ,< T BOBBIE JO SINGISER, (formerly Bobbie Jo Mundt) Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY RODNEY ALLEN MUNDT Defendant : NO, 94-6523 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Bobbie Jo Singiser, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date / /) Is / oS- , I I Res eCfullYSu&/~ athleen O'Connor Certified Legal Intern fUji~ ~ ROBERT E, RAINS THOMAS M, PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys I' AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ~~ 0 ~ ~n Cl S:~, \.D r;? f'.) -' BOBBIE JO SINGlSER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA v, 94-6523 CIVI I. ACTION LA W RODNEY ALLEN MUNDT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, _______~!~_!l_~_~~_~y.~,.Q"~!~~_~~~~!}_~9~ ._ _~____, UpOll consideration of the attached ('olllplaint, it is hereby directed that parries and their respective counsel appear before Melissa p, Greevy, Esq. , the conciliator, at MDJ Manlove's, ]901 State_~t.,_CalTlP _flill,l';\ 17011 on December 2005 at ]]:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issLles 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. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hcrehy directs thc parties to furnish any and all existing Protcction from Abuse orders, Sllerial Relief orders, and Custody orders to the conciliator 48 hours prior to schcduled hearing, FOR THE COUR'r, By:..-i~ Melissa 1". Greevy, Es,q.____~ Custody Conciliator (-1" The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations availahle to disabled individuals having business before the court, please contact our o ffi Ct.:: , All arrangcJ11t.::nts must he made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA VI' AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WilERI' YOU CAN GET LEGAL liEU', Cumberland County Bar Association 32 South lledtiJl'd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4~ i:c? .,~ /?rT-7U~} 5:;7, ~-c'0,/ ~ 2' ~ ~ >>:3C"t:)/ 7 A" :$ ~"p;~?r9 5i?SC'OI '":'" , ,", '! 1 . r -, :~: ,.1 :", BOBBIE JO SINGISER, (formerly Bobbie Jo Mundt) Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION-LAW v. : NO, 94-6523 CIVIL TERM RODNEY ALLEN MUNDT, : IN CUSTODY Defendant WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for the Petitioner, Bobbie Jo Mundt, at the above captioned docket. Dated: /J ~ Zr-J,vur I of, Blair, Esq, 5440 Jonestown Road P,O, Box 6216 Harrisburg, PA 17112 PLEASE enter my appearance as attorney of record on behalf of the Petitioner, Bobbie Jo Singiser, at the above captioned docket. !-~ Katie O'Connor Certified Legal Intern 1f#t', ~~ ROBERT RAINS THOMAS M, PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PAl 7013 717-243-2968 ----- (..) c ;'c.. ;'J "'" ~ co.> "-,, 2' c:i -< r N o ." :r nlfJ1 ~'nnl uO c) . _ClQ ~_;'2j ,(.,';rn :.;:-1 c-,. _lJ -< -0 :2':: N ", 0.. - BOBBIE JO SINGISER, (formerly Bobbie Jo Mundt) Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN CUSTODY RODNEY ALLEN MUNDT, Defendant : NO. 94-6523 CIVIL TERM CERTIFICATE OF SERVICE I, Kathleen O'Connor, Certified Legal Intern, Family Law Clinic, hereby certifY that I served a true and correct copy of a Withdrawal and Entry of Appearance on Mr. Rodney A, Mundt, residing at 792 Old Silver Spring Road, Mechanicsburg, Pennsylvania 17055, by depositing a copy of the same in the United States mail on November 10,2005. Service was complete upon mailing, ~-fiQ:' Kathleen 0' onnor Certified Legal Intern 7~~ ROBERT E. RAINS THOMAS M, PLACE LUCY JOHNSTON- WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 .....' c::;; C",::') .;..;'1 s::~ o ---- -,-' -.,. o -n -, ~.-- ...,-. \":l.C ':'S;,\CJ ;,: I )C.J '. ~1'" :?}f, ~8 '.;? (.n r<' - BOBBIE 10 SINGISER, (formerly Bobbie Jo MlU1dt) Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN CUSTODY RODNEY ALLEN MUNDT, Defendant : NO. 94-6523 CIVIL TERM CERTIFICATE OF SERVICE I, Angelica L. Revelant, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the October 26, 2005 Order of Court to appear for conciliation on Rodney Mundt, residing at 793 Old Silver Spring Road, Mechanicsburg, Pennsylvania, by personal service by handing a copy of the Order of Court to Mr. Mundt at his residence on the 19th day of November, 2005 at 5:15 p.m, This date is at least (10) days before December 2, 2005, the scheduled date of conciliation, ~{IA..KLf/(/~ Angeli Revelant , 7!JJE~ , Robert E, Rains Thomas M, Place Lucy Johnston-Walsh Anne MacDonald-Fox Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 r~ ".-': ("-:) :-~-;) ~::.::;:. '....r/ C) -q .-' ..,.., ..l._ rn j"~) .(,J a Plaintiff DEe 0 ~ ~5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-6523 CIVIL TERM BOBBIE JO SINGISER, v, CIVIL ACTION - LAW RODNEY ALLEN MUNDT, Defendant IN CUSTODY OLER, J. --- ORDER OF COURT AND NOW, this ~ day of December, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1, This Court's Order of March 6, 2003 is VACATED, 2. Leqal Custody. The parties, Bobbie Jo Singiser and Rodney Allen Mundt, shall have shared legal custody of the minor children, Echo Mundt, born August 23, 1989, and Destini Mundt, born May 2, 1993, Each parent shall have an equal right to be exercised jointly with the other parent, to make all non-emergency decisions affecting the children's general well being including, but not limited to all decisions regarding their health, education and religion. Pursuant to the terms of Pa, C, S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3, Physical Custody, Mother has primary physical custody of the children subject to Father's rights of partial custody, which shall be arranged by mutual agreement of the parties, BY THE COURT: Dist: ~Ieen O'Connor, ClI, Family Law Clinic, 45 North Pitt Street, Carlisle, PA 17013 :;ro~~ey Allen Mundt, 793 Old Silver Spring Road, Mechanicsburg, PA 17055 "~~ c-----) Vrl \')..,\ c " Plaintiff DEe 0 lJ 2005 IN THE COURT OF COMMON PLEAS ~ CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-6523 CIVIL TERM BOBBIE JO SINGISER, v, CIVIL ACTION - LAW RODNEY ALLEN MUNDT, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8, the undersigned Custody Conciliator submits the following report: 1, The pertinent information concerning the child who is the subject of this litigation is as follows: DATE OF BIRTH CURRENTLY IN THE CUSTODY OF NAME Echo Mundt Destini Mundt August 23, 1989 May 2, 1993 Mother Mother 2, A Custody Conciliation Conference was held on December 2, 2005 in response to a Petition to Modify Custody Order filed by Mother on October 19, 2005, The last Order entered in this matter was March 6, 2003, Present for the conference were: the Father, Rodney Allen Mundt did not attend; the Mother, Bobbie Jo Singiser, flk/a Bobbie Jo Mundt, and her counsel, CLI Kathleen N, O'Connor and Anne MacDonald-Fox, Esquire, 3. Mother's Position on Custody: Mother produced a Proof of Personal Service indicating that Father had been served on November 19, 2005, The Proof of Service has been filed with the Court. Mother reports that Echo has lived with her since May 2003 and that the parties have not followed the Order entered in March 2003, Mother further reports that Echo wants to stay with her. The girls are presently seeing the Father every other weekend for one or two days, Ms, O'Connor, the Dickinson Family Law Clinic Intern, reports that Father did not respond to their attempts to resolve the matter without a Custody Conciliation Conference, Accordingly, they filed the Petition herein seeking an Order confirming the status quo, 4, Father's Position on Custody: Is unknown because Father failed to attend the conciliation conference, The Conciliator's office received no indication as to whether Father was attending, nor did counsel, on Father's behalf, contact the Conciliator's office seeking a continuance, .. \. NO. 94-6523 CIVIL TERM 5, The Conciliator recommends the Order in the form as attached, which will be mailed to Father at the address where he was personally served with the notice of this conciliation conference, 1J-/r/06 Date clr264506 Melissa Peel Greevy, squire Custody Conciliator