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HomeMy WebLinkAbout07-5497T BRIAN MULLINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07 - ~Q~' CIVIL TERM BARBARA MULLINS, :CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY NOTICE TO DEFEND-AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or properly or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 BRIAN MULLINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.07 - Sy9~' CIVIL TERM BARBARA MULLINS, :CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY COMPLAINT IN DiY~GUSTODY 1. Plaintiff is Brian Mullins, an adult individual who resides at 206 West First Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is Barbara Mullins, an adult individual who resides at C.M.E. Lot 158, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were marred on February 2, 2002, in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since September 9, 2007, and continue to live separate and apart as of the date of this Divorce Complaint; the parties ceased the marital relationship June 9, 2007. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. COUNT II -CUSTODY 12. Paragraphs 1 through 11 are incorporated herein as if fully set forth. 13. The children are presently in the custody of the Plaintiff. 14. The children have lived at the following addresses: Name Address Dates Dalton Mullins C.M.E. Lot 158 Newville, PA 17241 10/02/01 to 09/16!07 206 West First Street Boiling Springs, PA 17007 09/16/07 to present Hayden Mullins C.M.E. Lot 158 Newville, PA 17241 03/15/03 to 09/16/07 206 West First Street Boiling Springs, PA 17007 09/16/07 to present Ethan Mullins C.M.E. Lot 158 Newville, PA 17241 08/28/05 to 09/16/07 206 West First Street Boiling Springs, PA 17007 09/16/07 to present 15. The relationship of the Plaintiff to the children is that of natural father. 16. The relationship of the Defendant to the children is that of natural mother. 17. The Plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 18. Plaintiff has no information of a custody proceeding concerning the ~ children pending in a Court of this Commonwealth. 19. No other persons are known to have or claim to have any right to custody or visitation of the children other than the parties to this action. 20. The best interest and permanent welfare of the children will be served by granting the relief requested. 21. 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. 22. Defendant has cohabited every other weekend with a boyfriend in State College, Pennsylvania since the end of June 2007. 23. Defendant has brought the children along to State College to see said boyfriend. 24. Defendant has actually pulled Dalton from school to take him along on said trips to see the boyfriend. 25. Defendant has brought her boyfriend to stay in the marital home, in the presence of the children. 26. Defendant's boyfriend has a daughter. 27. Defendant plans to relocate to State College to be with her boyfriend on September 21, 2007. 28. Defendant is perpetually unemployed. 29. When Plaintiff is off of work and at home he assumes the bulk of the childrearing. 30. The children's relatives live in the proximity of the Plaintiff. 31. The children are familiar and comfortable living with the PlaintifF, their relatives, and friends in their area of Cumberland County. 32. Dalton is registered to begin kindergarten in the Boiling Springs area by I'I September 21, 2007. WHEREFORE, Wherefore, the Plaintiff requests your Honorable Court schedule a conciliation conference and subsequently grant the Plaintiffs requests for shared legal custody and primary physical custody of the children to the Plaintiff with partial physical custody of the children to the Defendant. Respectfully Submitted, TURD LAW OFFICES --~=~ ~ ~ Date en R. Waltz, E 28 South Pitt Str Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff v_~ ~carioN I verify that the statements made in the foregoing Complaint for Divorce are true and correct. I understand that false statements herein are made subject to the.penalties of 18 Pa.C.S. §4944 relating to unswom falsification to authorities. 0 ~/ c $~ 0 7 ~= ~-=- Date Brian Mullins CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Complaint in Divorce, by certified, return receipt requested, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the ~~'~' day of .~e~-a..,~ ~ . - 2007, from Carlisle, Pennsylvania, addressed as follows: Barbara Mullins C.M.E. Lot 158 Newville, PA 17241 TURO LAW OFFICES glen R. Waltz, E ire 28 South Pitt Stree Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 ~ ~ ~ ~~ o ~~ ., ~ gd ~~ J ;~ Cl~ "Cl t L.~'C'7 ~,~~ ~.: C!3 ,.,~.. ~h, ~~ ~"' r) '~` ~~ ~~ ~ ..~ c~ BRIAN MLR.LINS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-5497 CIVIL ACTION LAW BARBARA MULLINS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, September 25, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 09, 2007 at 1:00 PM 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. 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 hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john J. Mangan, Ir., Esq. ~t1d~' Custody Conciliator ~P' The Court of Common Pleas of.Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I~.N~r~r~ ~~ ~- ~ ~iN~~ 0 ! :~ ~d ~~ d3S tOU~ R't~flUidi~~C~~d 3Hi ~fl ~~Ea~G~~ll.~ BRIAN MULLINS, Plaintiff v. BARBARA MULLINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 5497 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE/CUSTODY CUSTODY STIPULATION/ORDER 1ti y ~ c.~o `cv y AND NOW, this $ da of , 2007, it is hereb Ordered, stipulated and agreed between the parties as follows: 1. Dalton Michael Mullins, born October 2, 2001, Hayden Layne Mullins, born March 15, 2003, and Ethan Alexander Mullins, born August 28, 2005, are the natural children of Brian Mullins (hereinafter, "the Father") and Barbara Mullins (hereinafter, "the Mother") LEGAL CUSTODY 2. The Father, Brian Mullins, and the Mother, Barbara Mullins, shall enjoy shared legal custody of Dalton Michael Mullins, born October 2, 2001, Hayden Layne Mullins, born March 15, 2003, and Ethan Alexander Mullins, born August 28, 2005 (hereinafter, "the Children"). Major decisions concerning the Children, including, but not necessarily limited to, the Children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interest. Each party shall not impair the other party's. rights to shared legal custody of the Children. Each party shall not alienate the affections for the Children from the other party. Each party shall notify the other of any activity or circumstance concerning their Children that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. I I 'II PHYSICAL CUSTODY 3. Primary physical custody shall be in the Mother subject to the following periods of partial physical custody in the Father: a. Three (3) weekends per month, from Friday at 6:00 p.m. to Sunday at 6:00 p.m. 4. Each parent shall have two weeks of vacation time per year with the Children. Thirty days prior to the vacation, the parent planning the vacation must provide the following to the other parent: a. A complete itinerary of the vacation, b. A list of all parties accompanying the Children on the vacation, and c. Contact telephone numbers for the Children. 5. The parties shall adhere to the following rotating holiday custody schedule: a. In odd-numbered years (2007, 2009, 2011, et. seq.): i. Easter a. The Father shall have custody of the Children from 6:00 p.m. on the day before Easter until 2:00 p.m. on Easter day. b. The Mother shall have custody of the Children from 2:00 p.m. Easter day until such time as the children are regularly due to return to the custody of the Father. ii. Memorial Day a. The Mother shall have custody of the Children on Memorial Day. iii. The Fourth of July a. The Father shall have custody of the Children from 8:00 a.m. on the Fourth of July until the conclusion of Fourth of July festivities. iv. Labor Day a. The Mother shall have custody of the Children on Labor Day. i ,. v. Thanksgiving a. The Father shall have custody of the Children from 6:00 p.m. on the day before Thanksgiving until 2:00 p.m. on Thanksgiving day. b. The Mother shall have custody of the Children from 2:00 p.m. on Thanksgiving day until such time as the Children are regularly due to return to the custody of the Father. vi. Christmas ', a. The Father shall have custody of the Children from 6:00 ~'~i' p.m. on Christmas Eve until 2:00 p.m. on Christmas day. ~' b. The Mother shall have custody of the Children from 2:00 p.m. on Christmas day until such time as the Children are regularly due to return to the custody of the Father. vii. New Year's Eve a. The Father shall have custody of the Children from 6:00 ~ p.m. on New Year's Eve until 2:00 p.m. on New Year's ~ day. b. The Mother shall have custody of the Children from 2:00 p.m. on New Year's Day until such time as the Children are regularly due to return to the custody of the Father. b. In even-numbered years (2008, 2010, 2012, et. seq.): i. Easter a. The Mother shall have custody of the Children from 6:00 p.m. on the day before Easter until 2:00 p.m. on Easter day. b. The Father shall have custody of the Children from 2:00 p.m. until 6:00 p.m. Easter day. ii. Memorial Day a. The Father shall have custody of the Children from 8:00 a.m. until 6:00 p.m. on Memorial Day. iii. The Fourth of July a. The Mother shall have custody of the Children on the Fourth of July. (i). Should the Fourth of July occur during a weekend period of the Father's custody, the Mother shall have custody from 8:00 a.m. until the conclusion of Fourth of July festivities. iv. Labor Day a. The Father shall have custody of the Children from 8:00 a.m. until 6:00 p.m. on Labor Day. v. Thanksgiving a. The Mother shall have custody of the Children from 6:00 p.m. on the day before Thanksgiving until 2:00 p.m. on Thanksgiving day. b. The Father shall have custody of the Children from 2:00 p.m. until 6:00 p.m. on Thanksgiving day. vi. Christmas a. The Mother shall have custody of the Children from 6:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas day. b. The Father shall have custody of the Children from 2:00 p.m. until 6:00 p.m. on Christmas day. vii. New Year's Eve a. The Mother shall have custody of the Children from 6:00 p.m. on New Year's Eve until 2:00 p.m. on New Year's day. b. The Father shall have custody of the Children from 2:00 p.m. until 6:00 p.m. on New Year's Day. 6. The Father shall have custody of the Children on Father's Day from 8:00 a.m. until 6:00 p.m. 7. The Mother shall have custody of the Children on Mother's Day beginning at 8:00 a.m. 8. Both parents shall have liberal and reasonable telephone contact with the Children when the Children are in the custody of the other parent. 9. The provisions in this Order shall be strictly adhered to unless otherwise mutually agreed upon by the parties herein. The parties are free to modify the terms of this Order but, in order to do so, the Court makes it clear that both parties must be in complete agreement to any new terms. In other words, both parties must consent on what shall be the new terms of the custody arrangement or visitation schedule. 10. Either party is free to seek to modify this agreement by petition to the court. Brian Mullins ~~~ Witness .~ ~r•' /j arbara Mullins Witness BY THE COURT, ~ 0 ~ 0~ ~, Date ~ c.c. Galen R. Waltz, Esquire - Barbara Mullins, pro se ~ ~w~'~, yD- 0 $•o ~' ,~.,? ,~, ~•r.. nom, t'~-iu~1~nS P,. n ~- ~ t~ A ~ yr ~ ): n g ~, n~a d ~ -.~y9 ~ ACCEPTANCE OF SERVICE I accepted service on or about September 21, 2007 of the Complaint in Divorce filed on September 18, 2007, in the Court of Common Pleas of Cumberland County, Pe!?nsylvania Date rb ullins -Defendant c~ °° ~ ~~~ r~~r~:, ,~ ' ~ ~' ~ ~~ _ ~' I, ..~ t ~ . - _ . . ~ r~ ... Y ~.. ~ ..~/~/ 3~'~ ,~ ~T ~ "1 :~ } r wig ~....~~~ BRIAN MULLINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07 - 5497 CIVIL TERM BARBARA MULLINS, :CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on September 18, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ~ ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date Brian Mullins .,~ ~ ~° n~~? ? ~' ; ~ ~ ~ ~: ~ ~~ ;.~ ---. ..r~ C ~ ~ ~ BRIAN MULLINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07 - 5497 CIVIL TERM BARBARA MULLINS, :CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by ~, the Court and that a copy of the decree will be sent to me immediately after it is filed j with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ~ ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ~ ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date Brian Mullins ~ ~~ y~" T",. ~. X f. ,,,. ,.,~ ; - =~' . ..~" ~ y~- °'~: ww~ ~. BRIAN MULLINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07 - 5497 CIVIL TERM BARBARA MULLINS, :CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on September 18, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of ~,'~ Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date ara M ' 4 'L1(;S' ~~,, x` ~ ~ ~ ~ i, C Y_! C17 _ ~., ~ ~ „_ ~ ~T 3 C~ ~~ ~ } . ~~~ ~ ~~~ .~' ~ ~ BRIAN MULLINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07 - 5497 CIVIL TERM BARBARA MULLINS, :CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~3-~ -0~ Date ara M ins cs ~ 'c3 ~-~ `~ ~ ~r~r; -., ~"' ~ n'a~~ ~ -~ .-- ra _:~ ~ !~- ~ ~ "s :~ ~ ~ :~" ~- BRIAN MULLINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07 - 5497 CIVIL TERM BARBARA MULLINS, :CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under § (3301(c)) of the Divorce Code. 2. Date and manner of service of the complaint: Certified, Returned Receipt mail delivered on or about September 21, 2007. ~'~, 3. Date of execution of the Affidavit of Consent required by §3301(c) of the III ' Divorce Code. '', By Plaintiff: March 2, 2008 By Defendant: March 2, 2008 ~'~,, 4. Related claims pending: None. Date the Waiver of Notice in §3301(c) divorce was filed with the ~ Prothonotary: By Plaintiff: March 2, 2008 By Defendant: March 2, 2008 Galen R. Vyaifz, Es r Attorney for Def ant r~ c~ c~ ~ ~~ ~ ~~', .. ~+ ' '• ~ '~ ~„ ll. ~ "~ " j~ ~ ~ ..rte `r h }. ~~"_~ .1.~ _~ r;t; ~_ IN THE COURT OF COMMON FLEAS Brian Mullins Plaintiff OF CUMBERLAND COUNTY STATE OF PENNA. =;,,, VERSUS Barbara Mullins Defendant NO. 07-5497 DECREE IN DIVORCE AND NOW, MAY L~ `" 2008, IT IS bRDERED AND DECREED THAT Brlari Mu111riS PL~GAINTIFF, AND Barbara Mullins D IFENDANT E ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMIS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL OI~tDER HAS NOT YET BEEN ENTERED; r ~ .a BY THE COURT: PRI~THONOTARY BRIAN MULLINS IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.: 07-5497 CIVIL TERM BARBARA MULLINS CIVIL ACTION -LAW IN CUSTODY Defendant PETITION FOR MODIFICATION OF CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petitioner, Brian Mullins, respectfully files the following Petition for Custody represents that: 1. The petitioner is Brian Mullins, (here-in-after "Father"), who resides at 206 Kelker St. Apt. 1, Harrisburg, Pennsylvania, 17102 2. The respondent is Barbara Mullins, (here-in-after "Mother"), who resides at C.M.E. Lot 158, Newville, Pennsylvania, 17102. 3. The parties are divorced and the parents of three (3) minor children, Dalton Michael Mullins born October 2 2001, Hayden Layne Mullins born March 17 2003, and Ethan Alexander Mullins born August 28 2005. 4. A Custody Order has been in effect since October of 2007. (Order attached) 5. The Petitioner avers that the child's needs and best interest would be served by modifying the current order. WHEREFORE, the Petitioner prays your Honorable Court to grant the Petitioner's prayer. Respectfully Submitted ~-~ _--`~ Brian Mullins DATED: ~7/~-~"II~~I VERIFICATION I, Brian Mullins, the petitioner verify that the statements made in this Petition for Modification of Custody are true and correct. I understand that giving false statements herein are made subject to the penalties of 18 Pa. CS Section 4904, relating to unsworn falsification to authorities. Brian Mullins r ',, BRIAN MULLlNS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07 - 5497 CIVIL TERM BARBARA MULLINS, :CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY CUSTODY STIPULATIONIORDER AND NOW, this $i~ day of ~~o~~v' , 2007, it is hereby Ordered, stipulated and agreed between the parties as follows: 1. Dalton Michael Mullins, born October 2, 2001, Hayden Layne Mullins, born March 15, 2003, and Ethan Alexander Mullins, born August 28, 2005, are the natural children of Brian Mullins (hereinafter, "the Father") and Barbara Mullins (hereinafter, "the Mother") LEGAL CUSTODY 2. The Father, Brian Mullins, and the Mother, Barbara Mullins, shall enjoy shared legal custody of Dalton Michael Mullins, born October 2, 2001, Hayden Layne Mullins, born March 15, 2003, and Ethan Alexander Mullins, bom August 28, 2005 (hereinafter, "the Children"). Major decisions concerning the Children, including, but not necessarily limited to, the Children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interest. Each party shall not impair the other party's. rights to shared legal custody of the Children. Each party shall not alienate the affections for the Children from the other party. Each party shall notify the other of any activity or circumstance concerning their Children that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. i PHYSICAL CUSTODY 3. Primary physical custody shall be in the Mother subject to the following periods of partial physical custody in the Father: a. Three (3) weekends per month, from Friday at 6:00 p.m. to Sunday at 6:00 p.m. 4. Each parent shall have two weeks of vacation time per year with the Children. Thirty days prior to the vacation, the parent planning the vacation must provide the following to the other parent: a. A complete itinerary of the vacation, b. A list of all parties accompanying the Children on the vacation, and c. Contact telephone numbers for the Children. 5. The parties shall adhere to the following rotating holiday custody schedule: a. In odd-numbered years (2007, 2009, 2011, et. seq.): i. Easter a. The Father shall have custody of the Children from 6:00 p.m. on the day before Easter until 2:00 p.m. on Easter day. b. The Mother shall have custody of the Children from 2:00 p.m. Easter day until such time as the children are regularly due to return to the custody of the Father. ii. Memorial Day a. The Mother shall have custody of the Children on Memorial Day. iii. The Fourth of July a. The Father shall have custody of the Children from 8:00 a.m. on the Fourth of July until the conclusion of Fourth of July festivities. iv. Labor Day a. The Mother shall have custody of the Children on Labor Day. . ~ ! i, v. Thanksgiving a. The Father shall have custody of the Children from 6:00 p.m. on the day before Thanksgiving until 2:00 p.m. on Thanksgiving day. b. The Mother shall have custody of the Children from 2:00 p.m. on Thanksgiving day until such time as the Children are regularly due to return to the custody of the Father. vi. Christmas a. The Father shall have custody of the Children from 6:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas day. b. The Mother shall have custody of the Children from 2:00 p.m. on Christmas day until such time as the Children are regularly due to return to the custody of the Father. vii. New Year's Eve a. The Father shall have custody of the Children from 6:00 p.m. on New Year's Eve until 2:00 p.m. on New Year's day. b. The Mother shall have custody of the Children from 2:00 p.m. on New Year's Day until such time as the Children are regularly due to return to the custody of the Father. b. In even-numbered years (2008, 2010, 2012, a#. seq.): i. Easter a. The Mother shall have custody of the Children from 6:00 p.m. on the day before Easter until 2:00 p.m. on Easter day. b. The Father shall have custody of the Children from 2:00 p.m. until 6:00 p.m. Easter day. ii. Memorial Day a. The Father shall have custody of the Children from 8:00 a.m. until 6:00 p.m. on Memorial Day. iii. The Fourth of July r • f n a. The Mother shall have custody of the Children on the Fourth of July. (i). Should the Fourth of July occur during a weekend i period of the Father's custody, the Mother shall have custody from 8:00 a.m. until the conclusion of Fourth of July festivities. iv. Labor Day a. The Father shall have custody of the Children from 8:00 a.m. until 6:00 p.m. on Labor Day. v. Thanksgiving a. The Mother shall have custody of the Children from 6:00 p.m. on the day before Thanksgiving until 2:00 p.m. on Thanksgiving day. b. The Father shall have custody of the Children from 2:00 p.m. until 6:00 p.m. on Thanksgiving day. vi. Christmas a. The Mother shall have custody of the Children from 6:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas day. b. The Father shall have custody of the Children from 2:00 p.m. until 6:00 p.m. on Christmas day. vii. New Year's Eve a. The Mother shall have custody of the Children from 6:00 p.m. on New Year's Eve until 2:00 p.m. on New Year's day. b. The Father shall have custody of the Children from 2:00 p.m. until 6:00 p.m. on New Year's Day. 6. The Father shall have custody of the Children on Father's Day from 8:00 a.m. until 6:00 p.m. 7. The Mother shall have custody of the Children on Mother's Day beginning at 8:00 a.m. 8. Both parents shall have liberal and reasonable telephone contact with the Children when the Children are in the custody of the other parent. 9. The provisions in this Order shall be strictly adhered to unless otherwise mutually agreed upon by the parties herein. The parties are free to modify the terms of this Order but, in order to do so, the Court makes it clear that both parties must be in complete agreement to any new terms. In other words, both parties must consent on what shall be the new terms of the custody arrangement or visitation schedule. 10. Either party is free to seek to modify this agreement by petition to the court. Brian Mullins Gi' -_ arbara Mullins ~' Witness Witness BY THE COURT, t 0 ~ 07 ~ ~, Date ~ c.c. Galen R. Waltz, Esquire - Barbara Mullins, pro se a ~`~"~~ yD- 08.0 7 ~~^-- l/~ T}'1C_' ("S'r'i ~,.~'~.~~trti~~r ~~~9 .~~~ ~ ~ ~~ ~ ~ ~ ~ ~ ~?o. oo P ~ PtFF ~" oZd84(ot BRIAN MULLINS IN THE COURT OF COMMON 'PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-5497 CIVIL ACTION LA~~V BARBARA MULLINS IN CUSTODY DI:FFNDANT ORDF..R OF COURT AND NOW, Tuesday, July 28, 2009 ,upon consideration oi.'the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, Friday, September 04, 2009 _ ____ at 2:30 PM at 4th Floor Cumberland Count Courthouse, Carlis e _ on ____.._._,,..__,_.._..__ for aPre-Heaimg Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and. to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin;;. FOR. THE COURT, By : _ /s/___ __~oh~ __Man~ann~, r., Es ~'/ ~_ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For in'fonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our oI'tice. A11 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. 1F YOU DO NOT HAVE AN ATTORNEY O OUT WHEREFYOUDCANEGET LEGAL HE PpHONE THE OFFICE SET FORTH BELOW TO F Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 n~ ~ ~~ 2~0~ ~U~ 29 F i 2~ 0v ,,;r~F ~ ,; ~ ! ' '' j P 7 'a~ ~f ~~~ ~~ ~ ~ ~ ~~ BRIAN MULLINS, Plaintiff vs. BARBARA MULLINS, Defendant To the Prothonotazy: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2007-5497 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PRAECIPE Please enter my appeazance on behalf of the defendant, Bazbaza Mullins, in the above captioned divorce action. Respectfully submitted, cc: Brian Mullins, pro se 206 Kelker Street Apt. 1 Hazrisburg, PA 17102 ANDREWS & JO Tay r~' Andrews, Esquire 78 t Pomfret Street Cazlisle, PA 17013 (717)243-0123 [[.... -,~. LQE-7 AUG G ~ ~~'l rJ' ~ b ir4J~t3::! ~3's'~ -- ~ P:s``,Av~~ 3'~'~~'+~~ II ~~ SEP 0 9 20U9 ~ BRIAN MULLINS v. Plaintiff BARBARA MULLINS Defendant Prior Judge: M. L. Ebert, Jr., J. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5497 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this ~ day of September 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: The prior Custody Stipulation/Order of Court dated October 8, 2007 shall remain in full force and effect pending the custody hearing absent mutual agreement or' further Order of Court. 2. This Order is entered pursuant to a Custody Conciliation Conference A Custo~y Hearing is hereby scheduled on the ~ day of , 2~at ' o am/ in Courtroom number 5 in the Cum rland ounty Court of .~ per Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custodyb a list of witnesses who will be expected to testify at the hearing and a summary o~ the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. In the event the parties mutually agree that the scheduled Court hearing is not necessary or proper, the parties may contact the assigned conciliator directly f4~ a conciliation conference. 4. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. Di 'bution: a for Andrews, Esq. n Mullins, 234 Muench Street, Harrisburg, PA 17102 J. Mangan, Esq. g~~,1~ ~~ BRIAN MULLINS 1N THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. BARBARA MULLINS No. 07-5497 Civil Term Defendant : ACTION IN CUSTODY Prior Judge: M. L. Ebert, Jr., J. 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 Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody! Dalton M. Mullins 10/02/2001 Primary Mother Hayden L. Mullins 03/17/2003 Primary Mother Ethan A. Mullins 08/28/2005 Primary Mother 2. A Conciliation Conference was held on September 04, 2009 with the following individuals participating: The Mother, Barbara Mullins, with her counsel, Taylor Andrews, Esq. The Father, Brian Mullins, pro se 3. Mother's position on custody is as follows: Mother maintains that she has been the Children's primary care-giver and desires to have primary custodyof the Children. Mother would like the status quo to remain in place with Mother having primary custody and Father to have 3 weekends per month. Mother indicates that she does adequately care for the Children and the Children are well adjusted in Newville Elementary. At conciliation, Mother indicated that she would consider having the status quo remain in place fou the school year, but during the summer break, she was willing to let Father have primary and she would have 3 weekends per month for June, July and August. 4. Father's position on custody is as follows: Father seeks primary custody a$ the Children. Father asserts that he has concerns about Mother's ability to' adequately care for the Children. Father has concerns about Mother's living conditions and indicates that he can offer the Children a better environrnenti. Father has concerns about hygiene for the Children, Father indicates that h desires to enroll the Children in a private school within walking distance from his house, his residence is closer to hospitals, his current wife is a stay at home mother and that he Children have a good relationship with his other Child and step-child. Father very strongly is opposed to Mother having primary custody of the Children and refused to consider any sort of situation short of him having primary. Father would not agree to letting Mother have primary for the school year and him having primary for June, July and August. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It 7~ expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file apre-trial memorandum with the Judge to whom the matter has been assigned. Date: _ ~~1~~ John J. an, Es uire g q Custod onciliator FILEL-~Ji=r~C~~' OF TNT ~^,~-,TFa!~r~:~~~rtARY 209 SEP 4 I F~ 2~ 2 0 CUPJ~~~ _~.:~r~~~~ BRIAN MULLINS, Plaintiff vs. BARBARA MULLINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2007-5497 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY MOTION FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT Petitioner is Taylor P. Andrews, Esquire, counsel of record for Barbara Mullins, Defendant in the above captioned custody action. Petitioner respectfully represents: 1. Barbara Mullins is the Defendant in the above captioned custody action. When Plaintiff's most recent Complaint to modify custody was filed by Plaintiff, pro se, on or about July 29, 2009 the Defendant retained Petitioner to represent her at the Conciliation Conference in this custody action. 2. It was explicitly agreed between the Defendant, Barbara Mullins and the Petitioner, that Petitioner was only retained for the Conciliation Conference. It was agreed that an additional retainer would required if Defendant wanted Petitioner to represent her at a contested custody hearing. 3. Defendant has not engaged Petitioner to represent her at the contested custody hearing that is now scheduled for January 8, 2010 in Courtroom No 5 in the Cumberland County of Common Pleas. 4. Petitioner seeks leave to withdraw as counsel so that the record may reflect accurately that Petitioner will not continue to serve as counsel of record for Defendant, Barbara Mullins. WHEREFORE, Petitioner requests the Court to grant Petitioner leave to withdraw as counsel of record in the above captioned custody case. Respectfully submitted, Tay P. A'~ldrews, Esa 78 st Pomfret Street C sle. PA 17013 (717) 243-0123 BRIAN MULLINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO: 2007-5497 CIVIL TERM CIVIL ACTION -LAW BARBARA MULLINS, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this date, November, 2009 I mailed a copy of Motion for Leave to Withdraw as Counsel for Defendant to the following person at the following address by regulaz U.S. Mail, postage prepaid, delivered to addressee only: Ms. Barbara Mullins CME Lot 158 Newville, PA 17241 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ANDREWS 8 HNS By: for P. Andrews, sq. ttorneys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717)243-0123 Fl1,.-~3t'i ,C~ (~ ~ i~~~l-~(QTA#~ll Zflfl9 NQY ZO AM 8~ ~ 2 CUP~J~;' 4"ti;; ~~'?~~i~FY t"~~~V~f~f ~.~f~.~`t BRIAN MULLINS, Plaintiff vs. BARBARA MULLINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2007-5497 CNIL TERM CNIL ACTION -LAW IN CUSTODY ORDER ~~ AND NOW, this ~~ day of November 2009, the Defendant is directed to file written reasons why the Petitioner, Taylor P. Andrews, Esquire, should not be granted leave to withdraw as counsel for Defendant in this custody action and such written answers must be filed within 15 days of the date of this Order for consideration by this Court. If the Defendant does not file any written answer to this Petition, the Petition shall be deemed granted as of 16~' day following the date of this Court Order. BY THE COURT, ~`~ ~. ~F ?~i~ F=+ frrC~`+OTi~RY ZUD9I~QY 2~ AM ~~ 2 C GvPI ~_s,'4fT1' ~"`~?" BRIAN MULLINS, Plaintiff vs. BARBARA MULLINS, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2007-5497 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PRAECIPE Please withdraw my appeazance on behalf of the defendant, Bazbaza Mullins, in the above captioned custody action. Respectfully submitted, cc: Brian Mullins, pro se 206 Kelker Street Apt. 1 Harrisburg, PA 17102 T~Jre~f P. Andrews, Esquire 78 West Pomfret Street Cazlisle, PA 17013 (717) 243-0123 ~~~- ~{.~ ~n''t~i1~' 2=t~C 14 ~~# ~~ I CiJP,~l.~k.:-,.. , .~~.~ a~ra~~~lNTY Fei~ivJ`~LYAE~1~~ BRIAN MULLINS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA MULLINS, DEFENDANT : NO. 07-5497 CIVIL ORDER OF COURT AND NOW, this 4th day of March, 2010, after a hearing in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that the Custody Order of October 8, 2007 shall remain in effect with the following modification: Summer School Recess: Father shall have primary physical custody of the children beginning Sunday, June 6, 2010, at 6:00 p.m. until 7 days before school begins subject to Mother's right of partial custody for the two week vacation time previously ordered and also 3 weekends per month in the summer, from 6:00 p.m. Friday until 6:00 p.m. Sunday, to be determined by the Mother with the Father being given notice of the dates 30 days in advance. By the Court, ./ Brian Mullins Plaintiff arbara Mullins Defendant bas ~=0~ f £. S 3~ ~- j~a mac ~~c~ `Y`~ M. L. Ebert, Jr., J. N d 4~.~ ~~ ~, -~, c:, ~: ~~,,, - ~~ ~~ ~ ~~_~~ ~ i u~ -r1 m ~, `~, ~. ~ ~ ~-~= c . ' r _ r` `y ~ ~_ rn ~ C ~ .~'- . ~~ ...~