HomeMy WebLinkAbout07-2389IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
NATHANIEL ARMOLT, Civil Action At Law---Custody
Plaintiff, Case No. p"! - ;~.3~ ~~~;,~,~rti2.
vs.
HEATHER A. SUNDAY,
Defendant,
COMPLAINT FOR CUSTODY
The plaintiff is Nathaniel Armolt, residing at 496 Mill Pond Drive, Pheonix City,
Alabama, 36870.
2. The defendant is Heather Sunday who is currently located at 87 Appalachian
Drive, Carlisle, 17015 in the County of Cumberland, Commonwealth of Pennsylvania.
3. Plaintiff seeks custody of the following children:
Name Address Age
Ashton Sunday same as mother's dob 1 /31 /2004 3 years old
4. The child was born within wedlock.
5. The child is presently in the custody of Heather Sunday, whose current residence
is 87 Appalachian Drive, Carlisle, 17015 in the County of Cumberland, Commonwealth
of Pennsylvania
6. Since the child's birth he has resided with her mother, Heather Sunday at 87
Appalachian Drive, Cazlisle, 17015 in the County of Cumberland, Commonwealth of
Pennsylvania
7. The biological mother of the child is Heather Sunday, whose current address is 87
Appalachian Drive, Carlisle, 17015 in the County of Cumberland, Commonwealth of
Pennsylvania
8. The mother is separated from he father, plaintiff and is currently divorced from the
same.
9. The father of the child is Nathaniel Armolt, and is currently residing at
496 Mill Pond Drive, Pheonix City, Alabama, 36870.
10. The father is separated from the mother and is divorced from the same.
11. The relationship of the plaintiff to the child is that of a biological Father. The
Plaintiff currently resides with the following persons:
Name Relationship
Jennifer Armolt Wife
12. The plaintiff has not participated as a party or witness, or in another capacity, in
any other litigation concerning the custody of the child in this or another court.
13. The plaintiff has no other information of a custody proceeding concerning the
child pending in a Court of this Commonwealth.
14. Plaintiff does not know of a person not a parry to the proceedings who has
Physical Custody of the child or claims to have custody or visitation rights with respect to
the child.
15. The best interest and permanent welfare of the child will be served by Granting
the relief requested for the reasons as hereinafter recited:
(a) The mother has unilaterally and blatantly refused to allow the father to see his child
since his departure from the residence despite his requests to the mother that he be
afforded time with his daughter.
(b) The father is in the military, and has a stable source of income and a permanent
residence within which he can accommodate his sons' needs during the summer
months while the child is not in school.
(c) The father, believes that it is in his child's best interest to foster a relationship with
his son which he was unable to accomplish due to his frequent relocations with the
military.
(d) Plaintiff, believes and therefore avers that he can provide a predictable and stable
lifestyle for which, the child can become accustomed and which will be in the best
interest of the child during his formative years and throughout his life.
WHEREFORE, Plaintiff, Nathaniel Armolt, respectfully requests for the
aforementioned reasons, that the court grant and award him Joint Physical Custody of
his daughter Ashton Sunday for the aforementioned reasons.
DATED: 2/10/2007
GREGORY S. HAZLETT
~est Main Street
echanicsburg, PA. 17055
(717) 790-5500
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.
& 4904 relating to unsworn falsification to authorities
Date: Z4 ~,tL~ o}
Nathaniel rmolt, Plaintiff
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NATHANIEL ARMOLT IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
HEATHER A. SUNDAY
DF,FENDANT
• 07-2389 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, May 02, 2007 ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 25, 2007 at 10;30 AM
for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. A11 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 hereby directs the parties to furnish any and a!! existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR. THE COURT,
By: /s/ Hubert X. Gtlro Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is reduired by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 1701.3
Telephone (717) 249-3166
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NATHANIEL ARMOLT,
Plaintiff
v.
HEATHER A. SUNDAY,
Defendant
v.
DARLENE C. SUNDAY and
ROBERT L. SUNDAY,
Petitioners
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO: 07-2389
Civil Action -Law
Custody
PETITION TO INTERVENE IN CUSTODY ACTION,
FOR EMERGENCY TEMPORARY CUSTODY
AND FOR CUSTODY
AND NOW come Petitioners, Darlene C. Sunday and Robert L. Sunday, by their
attorney, Kathy M. Shughart, and file this Petition, based upon the following:
1. Petitioners, Darlene C. Sunday and Robert L. Sunday, are adult individuals who
currently reside at 87 Appalachian Drive, Carlisle, Cumberland County, Pennsylvania, Plaintiff
Darlene C. Sunday was born on August 2, 1951, and Plaintiff Robert L. Sunday was born on
August 4, 1950. (Hereinafter Petitioners shall be referred to as "Grandparents".)
2. Petitioner are the maternal grandparents of the subject child, Ashton Sunday, born
January 31, 2004 (hereinafter referred to as "Ashton").
3. Petitioners are the parents of the Defendant, Heather Defendant, the natural
mother of Ashton. (Hereinafter Defendant shall be referred to as "Mother".)
4. On Apri125, 2007, Plaintiff, the natural Father of Ashton, filed a Complaint for
Custody wherein he is seeking joint custody of Ashton. (Hereinafter Plaintiff shall be referred to
as "Father".) APre-hearing Custody Conference is scheduled for May 25, 2007 at 10:30 a.m.
before Hubert X. Gilroy, Esquire.
5. The Complaint filed by Father is defective and improper because it did not
include Petitioners as having a custodial interest in Ashton, who resides with Grandparents as
well as his Mother.
6. The Complaint filed by Father is also defective in that it repeatedly refers to
Ashton as his daughter, whereas Ashton is a boy.
7. Petitioners seek to intervene in this action for the following reasons:
A. Ashton has physically resided with them since birth, with the exception of
a six week period in November-December 2004.
B. Grandparents have provided the majority of the financial, physical and
emotional care for Ashton since the time of his birth.
C. Grandparents have undertaken significant and substantial nurturing and
parental roles and have acted in loco parentis with respect to Ashton since the time of his birth.
D. Grandparents have taken Ashton to and sought medical treatment for
Ashton since the time of his birth, which has included some therapy for his developmental
delays.
E. Ashton views Grandparents as having the role of parents, and has bonded
with them, even though he knows and understands that they are Grandparents and he has a
Mother.
F. Grandparents believe they are in a better and more stable position
emotionally, physically and financially to provide for the well-being and necessary care for
Ashton.
8. Father's only contact with Ashton has been a few visits in September 2004 and a
failed reconciliation with Mother for six weeks in November-December 2004.
9. During this time, Father neglected the physical needs of Ashton, failing to provide
appropriate care for him during Mother's working hours, consumed excessive amounts of
alcohol when he was alone with Ashton, and was threatening and emotionally abusive to Mother.
10. Father has not seen Ashton since December 2004 and has undertaken no parental
role whatsoever in his life.
11. Father has returned to the Carlisle area several times and has not attempted to see
Ashton
12. Father has not had any regular or substantive communication with or about
Ashton since December 2004. The contact he does have with Mother is belligerent and
emotionally disruptive, but does not concern Ashton.
v
13. Grandparents reside in the same house where Father stayed during his leave in 2003, and
they have maintained the same telephone number, so Father was in no way prevented from
pursuing contact or communication with Ashton, Mother or Grandparents, despite the averment
in his Complaint to the contrary .
14. Mother and Father were involved in a lengthy divorce action following Ashton's
birth, during which Father did nothing to pursue a relationship with the child.
15. Ashton does not know Father and would be traumatized if Father would have
unsupervised physical custody of the child.
16. Father does not have a stable address or living situation as he is often relocated or
deployed by the military.
17. Mother has been unemployed since January 2007 and currently has no means of
support other than child support.
18. Grandparents do not doubt that Mother dearly loves Ashton, but she suffered with
a difficult pregnancy with Ashton, both physically and emotionally as result of the emotional
abuse inflicted on herby Father, and continues to experience some residual effects of same,
which has resulted in Grandparents being the primary parental figures in Ashton's life.
19. Due to the issues of neglect and abuse by Father and the emotional abuse inflicted
by Father upon Mother, Grandparents request that all parties be required to participate in a
custody psychological evaluation and the costs of same to be shared by the parties.
20. Grandparents are fearful that this Petition could result in Mother removing Ashton
from the only home he has ever known and therefore request the Court to direct that Ashton
remain at Grandparents residence pending a determination by the court. Mother may certainly
continue to maintain her residence there as well.
21. Grandmother is employed, Grandfather is semi-retired, and both are financially,
physically and emotionally capable of continuing their custodial role with respect to Ashton,
while also fostering a relationship with Mother, and with Father to the extent thought best by the
court.
22. Grandparents are seeking to maintain their custodial role because they are
extremely concerned for the physical safety and emotional well-being of Ashton should he be in
the care of Father or abruptly removed from his home with them.
23. Grandparents have standing to pursue rights of legal and physical custody
..
pursuant to 23 Pa.C.S. Section 5351 and Pa.R.Civ.P. 1915.6.
24. The best interest and permanent welfare of the child will be served by granting the
relief requested for the following reasons:
a. Grandparents have a been in the role of nurturing caregivers of Ashton
since the time of his birth.
b. Grandparents perform the duties and willingly undertake the
responsibilities providing financial, physical and emotional support to Ashton.
c. Ashton has bonded with Grandparents and views Grandparents as
undertaking parental roles.
d. Grandparents are in the best position to foster and nurture both Ashton and
his relationship with Mother, and Father to the degree thought best by the court.
WHEREFORE, Petitioners request Your honorable Court to do the following:
A. Permit their intervention in the pending custody action;
B. Grant them custody of the child ;
C. Order that the child must continue to reside with Grandparents pending a
determination by the court;
D. Order the parties and child to participate in a custody evaluation; and
E. Any other relief which the court deems appropriate. .
zbmitted,
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Kathy M. Shughart
Attorney for Petitioners
P.O. Box 6315
27 South Arlene Street
Harrisburg, PA 17112-0315
Supreme Court #39779
VERIFICATION
I verify that the statements made in this Petition 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.
Darlene C. Sunday, Petitioner
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Robert L. Sunday, Petitioner
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NATHANIEL ARMOLT, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA
V.
HEATHER A. SUNDAY,
DEFENDANT
CIVIL ACTION -LAW
IN CUSTODY
V.
DARLENE C. SUNDAY AND
ROBERT L. SUNDAY,
PETITIONERS NO. 07-2389 CIVIL
ORDER OF COURT
AND NOW, this 16th day of May, 2007, upon consideration of the Petition to
Intervene in Custody Action, For Emergency Temporary Custody and For Custody, filed
by the Petitioners,
IT IS HEREBY ORDERED AND DIRECTED that the Petitioner Grandparents,
Darlene and Robert Sunday, will be permitted to participate in the custody conciliation
hearing scheduled for Friday, May 25, 2007 at 10:30 a.m. on the 4th Floor of the
Cumberland County Courthouse, Carlisle, PA. The Conciliator shall make such
recommendations to the Court as he deems appropriate regarding the other issues
presented by Petitioners.
By the Court,
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M. L. Ebert, Jr.,
~athy M. Shughart, Esquire
Attorney for Petitioners
~bert Gilroy, Esquire
gory S. Hazlett, Esquire
~ather Sunday
Defendant
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NATHANIEL ARMOLT, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. .
HEATHER N. SUNDAY, N0.07-2389 CIVIL ACTION -LAW
Defendant IN CUSTODY
COURT ORDER
AND NOW, this $t~ day of ~ynt,. , 2007, upon consideration of the
attached Custody Conciliation report, it is ordered and directed as follows:
1. The mother, Heather N. Sunday, shall enjoy legal and physical custody of
Ashton Sunday, born January 31, 2004.
2. The mother shall be the primary custodian of the minor child.
3. For the weekend of May 25, 2007, father shall enjoy temporary physical custody
as follows:
a. On Friday, May 25, 2007, from 5:00 p.m. unti19:00 p.m., mother shall
handle exchange of custody as far as transportation and shall deliver the
child to father's parent's home at 5:00 p.m. and shall pick up the child
at father's parent's home at 9:00 p.m. If mother desires, she may spend
up to 30 minutes at the father's parent's home during the exchange of
custody to ensure stability with the minor child.
b. On Saturday, May 26, 2007, father shall have custody from 9:00 a.m.
until 2:00 p.m., and from 5:00 p.m. until 9:00 p.m. The transportation
arrangements set forth above shall be the same.
4. Father shall enjoy reasonable telephone contact with the minor child when the
child is in the mother's custody, and mother shall also enjoy reasonable
telephone contact with the minor child when the child is in the father's custody.
5. Neither party shall consume or be under the influence of alcohol during the time
they have custody of the minor child.
6. Legal counsel for the parties shall discuss a potential visitation by father over
the July 4~" holiday. If the parties are unable to reach an agreement, legal
counsel for the parties may contact the Custody Conciliator directly to have a
telephone conference call with the Conciliator, after which the Conciliator can
recommend a supplemental order to this Court.
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7. At this time, the Court is not issuing a determination on the Petition to
Intervene filed by the maternal grandparents, Darlene C. Sunday and Robert
L. Sunday. The maternal grandparents and their counsel may continue to
participate in the Custody Conciliations, including the telephone conference
between attorneys and the Court will rule on the Petition to Intervention, if
required, at a later date.
BY THE OURT,
M. L. Ebert, Jr., Judge
cc: Gregory S. Hazlett, Esquire
~annah Herman-Snyder, Esquire
Kathy M. Shughart, Esquire
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NATHANIEL ARMOLT, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
HEATHER N. SUNDAY, N0.07-2389 CIVIL ACTION -LAW
Defendant IN CUSTODY
Prior Judge: The Honorable M. L. Ebert, Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this
litigation is as follows:
Ashton Sunday, born January 31, 2004.
2. A Conciliation Conference was held on May 25, 2007, with the following
individuals in attendance:
The father, Nathaniel Armolt, with his counsel, Gregory S. Hazlett, Esquire, the
mother, Heather N. Sunday, with her counsel, Hannah Herman-Snyder,
Esquire, and the maternal grandparents, Darlene C. Sunday and Robert L.
Sunday, with their counsel, Kathy M. Shughart, Esquire.
3. This is a very difficult case where the father has not been involved in the child's
life for a period of time. The father is in the military stationed in Georgia but
living across the border in Alabama. The mother resides in Cumberland
County with her parents. Father has parents who live in the same town as the
mother, and father has the ability to visit those parents.
4. Father is seeking temporary custody of the minor child and the parties were
unable to reach a specific agreement relative to a weekend custody on a trial
basis over the Memorial Day weekend.
5. The Conciliator consulted with Judge Hess and explained the circumstances to
Judge Hess. Judge Hess concurred with the Conciliator's evaluation. The
Conciliator recommends an Order in the form as attached.
Date: May 31, 2007
Hubert X. roy, Esquire
Custody onciliator