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Home My WebLink About08-5181 TIMOTHY ARMOLT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. CUSTODY/VISITATION TAMARA MULLEN Defendant NO. 1. The plaintiff is Timothy Armolt, father, residing at 196 Smith Road, Newport, PA 17074, Perry County. 2. The defendant is Tamara Mullen, mother, residing at 1330 Grandview Court, Carlisle, PA 17013, Cumberland County. COMPLAINT FOR CUSTODY 3. Plaintiff seeks shared legal custody and partial physical custody of the following children: Name Address Date of Birth Dalton James Armolt 1330 Grandview Court, Carlisle, PA 17013 10/07/2000 Desiree McKenzie Armolt 1330 Grandview Court, Carlisle, PA 17013 09/21/2002 The children were born out of wedlock. The children are presently in the custody of Tamara Mullen, Mother, who resides at 1330 Grandview Court, Carlisle, PA 17013, Cumberland County. During the past five years, the children have resided with the following persons and at the following addresses: Persons Addresses Dates Tamara Mullen 1330 Grandview Ct, Carlisle, PA 08/2008 to Present Timothy Armolt and Tamara Mullen Tamara Mullen Timothy Armolt and Tamara Mullen 1330 Grandview Ct, Carlisle, PA 136 N. 8th Street, Carlisle, PA 143 N. Bedford St., Carlisle, PA 04/2006 to 08/2008 04/2005 to 04/2006 1999 to 12/2004 The mother of the children is Tamara Mullen, currently residing at 1330 Grandview Ct, 4. 5 6. Carlisle, PA, 17013, Cumberland County. She is not married. The father of the children is Timothy Armolt, currently residing at 196 Smith Road, Newport, PA 17074, Perry County. He is not married. The relationship of plaintiff to the children is that of biological father. The plaintiff currently resides with Kelly Fleeger in a single family home. The relationship of defendant to the children is that of mother. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has 7 physical custody of the children or claims to have custody or visitation rights with respect to the children. The best interest and permanent welfare of the children will be served by granting the relief requested because the children, with the exception of the above mentioned one year period, lived with father from birth through August 2008. Father is an important and integral part of the lives of his children; assisting in the rearing, education, and financial support of his children. Father has deep love, affection, and concern for the children and wishes to remain an active participant in their upbringing. Mother is currently denying father access to children. There is evidence that mother is openly disparaging father in front of children because children have phoned father, waited for father to answer phone, then called him lewd names. Moreover, mother calls father at late hours and either hangs up the phone or leaves threatening messages. Mother's conduct makes it all the more important for father to have the requested relief because such conduct in the continued absence of father may alienate the affection of the children. 8. 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 a party to this action. WHEREFORE, plaintiff requests this Honorable Court to grant him shared legal custody and partial physical custody of the children. an otter Attorney ID 92,102 The Law Office of Sean Potter 20 S. Carlisle St. P.O. Box 121 New Bloomfield, PA 17068 I, Timothy Armolt, 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. ?, 11 P aintiff Oo TIMOTHY ARMOLT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TAMARA MULLEN DEFENDANT • 2008-5181 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 04, 2008 , 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, September 26, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Hubert X. Gilroy, Esq. /Y5 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 F ,,r mo?ww, ?:` ????lL' a rw1 ?1?, S13 1 1 t SFP 2 9 20086 TIMOTHY ARMOLT, Plaintiff vs. TAMARA MULLEN, Defendant NO. 2008-5181 IN CUSTODY COURT ORDER AND NOW, this day of ! ? 01 , 2008, upon consideration of the attached Custody Conciliation Report, it is rdered and directed as follows: The father, Timothy Armolt, and the mother, Tamara Mullen, shall enjoy shared legal custody of Dallton J. Armolt, born October 7, 1999, and Desiree McKenzie Armolt, born September 21, 2001. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children as follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW A. On alternating weekends, with the first two weekends to be Saturday and Sunday from 9:00 a.m. until 5:00 p.m. The next two alternating weekends shall be Saturday at 9:00 a.m. until Sunday at 5:00 p.m. Thereafter, the alternating weekends shall be Friday at 5:00 p.m. until Sunday at 5:00 p.m. B. At such other times as agreed upon by the parties. 4. The parties may modify or alter the custody schedule set forth above as the parties agree. Absent an agreement, the parties shall follow the Order as set forth above. In the event either parry desires to modify this Order, that party may petition the Court to have the case again schedule with the Custody Conciliator for a conference. 5. Father shall handle transportation for exchange of custody unless agreed otherwise by the parties. cc: Sean Potter, Esquire Douglas Miller, Esquire O k 9---t BY THE COURT, VJI 01 : I I WV 1-1309001 0 TIMOTHY ARMOLT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW TAMARA MULLEN, NO. 2008-5181 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Dallton J. Armolt, born October 7, 1999 Desiree McKenzie Armolt, born September 21, 2001 2. A Conciliation Conference was held on September 26, 2008, with the following individuals in attendance: The mother, Tamara Mullen, who appeared with her counsel, Douglas Miller, Esquire, and the father, Timothy Armolt, with his counsel, Sean Potter, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: September, 2008 oy, Esquire ubert X/onciliator Custody 4 TIMOTHY ARMOLT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. CUSTODYNISITATION TAMARA MULLEN Defendant NO. 2008-5181 PETITION FOR CONTEMPT Petitioner, Timothy Armolt, by and through his attorney, Sean Potter, file the following Petition for Contempt: 1. Petitioner is Timothy Armolt who resides at 196 Smith Road, Newport, Pennsylvania, 17074, Perry County. 2. Respondent is Tamara Mullen, who resides at 1330 Grandview Court, Carlisle, Pennsylvania 17013, Cumberland County. 3. On September 30, 2008, after a conciliation conference, the parties agreed to a shared custody arrangement as described in custody Order: No. 2008-5181, signed by the Honorable J. Wesley Oler, Jr. A true and correct copy of that Order is attached as Exhibit «A„ 4. The Respondent has willfully failed to obey the Order as follows: a. Respondent has repeatedly denied Petitioner access to the minor children for his periods of temporary physical custody as per the Order. b. Respondent has indicated she will not transfer custody of the minor children to Petitioner. Petitioner has not seen his children since February 6, 2009 when he returned the minor children to Respondent after his weekend visitation. c. Respondent has repeatedly made herself and the children unavailable at the time and place where the Petitioner is to receive custody. This conduct includes removing the children from school prior to the end of the school day so that when Petitioner arrives at school for pickup the children are not present. As a result, Respondent has denied Petitioner his 'last four scheduled periods of custody and prevented Petitioner from speaking with his children for the past two months. d. Respondent has willfully and intentionally failed to keep petitioner informed of a contact number where the minor children can be reached during their periods of custody with Respondent. e. Respondent has made threats towards Petitioner that when the Summer break occurs, she will abscond with the children. f. Respondent completely ignores the holiday schedule of visitations resulting in the denial of holiday visits between Petitioner and the minor children. WHEREFORE, Petitioners pray this Honorable Court grant this Petition for Contempt and Order that: 1. Respondent, Tamara Mullen, be found in contempt of the Order of September 30, 2008. 2. Respondent's, Tamara Mullen's, custody rights be suspended pending further action by this Court and that full custody of the minor children abide with Petitioner; and, 3. Respondent, Tamara Mullen, shall pay Petitioner's Attorney fees and costs incurred as a result of filing this petition and preparation for and attendance at a hearing; which costs are $400.00. Respectfully Submitted, Sean Potter Attorney for Petitioner Supreme Court ID #: 92102 M + TIMOTHY ARMOLT, Plaintiff V. TAMARA MULLEN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CUSTODYNISITATION NO. 2008-5181 VERIFICATION I, Timothy Armolt hereby state that I am the Petitioner in this action and that the statements of fact made in the foregoing Petition are true and correct to the best of my information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification to authorities. Date: l/_ , " Timo y Armolt SFP 9 LUUd HNIO H IY AIZMOL 1'. 1\ I I IF C( LKI'017 COMMON PLEAS OF PlaintiCi C'P0131-ALAND COUNTY. PENNSYLVANIA N S. TAMARA MULLEN. Defendant CIVIL ;1CTION - LAW NO. 2008-5181 IN CUSTODY COURT ORDER AND NOW. this ?36 .- day of , 2008, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: The father. 'Fimothy Armolt, and the mother, Tamara Mullen, shall enjoy shared legal custody of Dallton J. Armolt, born October 7. 1999, and Desiree McKenzie Armolt, born September 21, 2001. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends, with the first two weekends to be Saturday and Sunday from 9:00 a.m. until 5:00 p.m. The next two alternating weekends shall be Saturday at 9:00 a.m. until Sunday at 5:00 p.m. Thereafter, the alternating weekends shall be Friday at 5:00 p.m. until Sunday at 5:00 p.m. E3. At ;uch other times as agreed upon by the parties. 4. The parties may modify or alter the custody schedule set forth above as the parties agree. Absent an agreement, the parties shall follow the Order as set forth above. In the event either party desires to modify this Order, that party may petition the Court to have the case again schedule with the Custody Conciliator for a conference. 5. Father shall handle transportation for exchange of custody unless agreed otherwise bN the parties. 131 I'l II: ('(W!R I . Scan Potter. I ayuirQ D u "las ?1illcr. I ,?luirc .? ? ?. Del. r`?(?^ [H.UE GOPY FROM RE k'u n t W3pffmy WWW, I here Uft 0 rtry harp ins so d am CONE[ at Cava C 151 ti.r.,n.. - P,d TIMOTHY ARMOLT. IN THE LOUR F OF C ONINION PLEAS OF Plaintiff' CUMBERLAND COI.INTY. PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 2008- 5181 Defendant IN, C(_'STODY CONCILIATION CONFERENCE SUMMARY REPORT IN -ACCORDANCE WITH THE CLJMBFRLAND COUNTY RULE OF CIVIL. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1 I he pertinent information pertaining to the children who are the subject of this litigation is as follows: Dallton J. Armolt, born October 7, 1999 Desiree McKenzie Armolt, born September 21, 2001 A Conciliation Conference was held on September 26, 2008, with the following indi? ideals in attendance: 1 he mother, Tamara Mullen, who appeared with her counsel, Douglas Miller, Esquire. and the father, Timothy Armolt, with his counsel, Sean Potter, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: September 2008 Hubert X. (jilrov. I'squire Custody Conciliator 4 2 09 C; f? 2j} P IW': 03 4,10. oo P 0 A77-Y Cxt tool 2x?' ?a? aac? TIMOTHY ARMOLT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TAMARA MULLEN DEFENDANT 2008-5181 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, May 04, 2009 , 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 Thursday, June 11, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. tV6 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r 6.Lr:..r3 i i E OF H F-,;r, _I. nt,i.?l?°f' ,Y 2609 MAY -4 Atli 10: 4 TIMOTHY ARMOLT, Plaintiff, V. TAMMY MULLEN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 5181 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR CONTEMPT AND NOW this 9t' day of June, 2009, comes the Defendant, TAMMY R. MULLEN, by and through her attorneys, Irwin & McKnight, P.C., and respectfully files this Answer to the Plaintiff's Petition for Contempt, and in support thereof avers as follows: 1. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph one (1) of the Petition. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments of fact contained in paragraph three (3) are admitted. 4. The averments contained in paragraph four (4) and all of its subparts are specifically denied and strict proof thereof is demanded at trial. By way of further answer, the Defendant responds to each subpart as follows: a. The averments contained in subparagraph (a) are specifically denied. By way of further answer, Defendant has not denied Plaintiff access to the minor children and has not violated the terms of the Order of Court. Other than when Plaintiff has not shown up for his scheduled period of custody or the occasional unique circumstance, including a funeral for Defendant's grandfather and the illness of the children, Plaintiff has had regular access to and partial custody of the children. b. The averments contained in subparagraph (b) are vigorously and specifically denied. By way of further answer, Plaintiff has had custody of the minor children on multiple occasions since February 6, 2009. Other than when Plaintiff has not shown up for his scheduled period of custody or the occasional unique circumstance, including a funeral for Defendant's grandfather and the illness of the children, Plaintiff has had regular access to and partial custody of the children. C. The averments contained in subparagraph (c) are vigorously and specifically denied. By way of further answer, according to the terms of the current Order of Court, Plaintiff's alternating weekends are to commence on Fridays at 5:00 p.m., not at the end of the school day. The exchange is therefore to occur at the Defendant's residence. Plaintiff in fact has continued to pick the children up at Defendant's residence, including within the past two (2) months, despite his assertions to the contrary. d. The averments contained in subparagraph (d) are vigorously and specifically denied. By way of further answer, Plaintiff continues to retain the same home telephone number that Defendant has used in the past to call, and that Plaintiff had at the time of the last Conciliation Conference in this matter. To the contrary, it is actually Plaintiff that has failed and refused to provide his home telephone number to Defendant. Plaintiff insists that Defendant should use his work telephone number, but ignores the fact that the children are not able to contact Plaintiff when he is at home and Defendant cannot call the children when they are in his custody. e. The averments contained in subparagraph (e) are vigorously and specifically denied. By way of further answer, Defendant has no plans to change her residence or move from the jurisdiction, and has not threatened the same to 2 Plaintiff. Furthermore, the children are currently registered for various summer camps and programs in the jurisdiction following the end of the current school year. The children also continue to be registered as students in the Carlisle Area School District. f. The averments contained in subparagraph (f) are vigorously and specifically denied. By way of further answer, there is no holiday schedule contained in the current Order of Court regarding custody. Nevertheless, Defendant has offered to allow the minor children to spend time with the Plaintiff during the holidays since the Conciliation Conference. As an example, Plaintiff had custody of the children during most of the Christmas holiday. Most recently Defendant offered to allow Plaintiff custody on Father's Day, but to date has not received any response. WHEREFORE, the Defendant, Tammy R. Mullen, respectfully requests that this Honorable Court deny the Plaintiff's Petition for Contempt, along with such other and further relief as this Court deems just. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: )? 4J& Douglas Miller, Esquire Supreme lourt I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Date: June 9, 2009 Tammy R. Mullen 3 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. TAMMY R. ULLEN Date: 6/9/09 RLEU-tom:RCE OF THE Pr,°f?,,30rA,?Y' 2009 JUN -9 PM 4: 19 CUP0 ? '-?Ui ITT PEll I"NSY `ljANA. JUN 12 2009 TIMOTHY ARMOLT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW TAMARA MULLEN, NO. 2008-5181 Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler COURT ORDER AND NOW, this I& ? day of June, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Father's Petition for Contempt shall be held in abeyance with no action taken on that Petition at this time. In the event father wants to reinitiate the Petition; counsel for the father may simply send a letter to the Conciliator, the Conciliator will schedule a telephone conference call with legal counsel for the parties after which the matter will be referred to the Court for a hearing. 2. This Court's prior Order of September 30, 2008 shall remain in place subject to the following modifications: A. Father shall have a make-up weekend of custody with the minor children for the weekend of June 19, 2009. B. Exchange of custody shall take place in the parking lot of the Carlisle Police Station. C. Both parties shall keep the other parent advised with respect to a telephone where they can be reached at home so that the parties may communicate in the event of problems on scheduled visitation. BY THE COURT, J cc: iv L,-,- J. Wesley ??, A ?.>ean Potter, Esquire Douglas Miller, Esquirg TIMOTHY ARMOLT, Plaintiff vs. TAMARA MULLEN, Defendant PRIOR JUDGE: J. Wesley Oler : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-5181 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Dallton J. Armolt, born October 7, 1999 Desiree McKenzie Armolt, born September 21, 2001 2. A Conciliation Conference was held on June 11, 2009, with the following individuals in attendance: The mother, Tamara Mullen, who appeared with her counsel, Douglas Miller, Esquire, and the father, Timothy Armolt, with his counsel, Sean Potter, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: June, 2009 1,40 Hubert X. ilroy, Esquire Custody onciliator OF THE 2009 JUN 17 Al 11: 4 0 I . . , Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff /7,1.2/4/0 0 7 L � ��,,�� • I: 42PE�INS.YCV C ry AgfaIA TIMOTHY J. ARMOLT, Plaintiff v. TAMARA MULLEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA • : NO. 2008-5181 : CIVIL ACTION - LAW : IN CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are serve, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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 COUNT BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 3 0.04 E3 oopol CUI/iv8 g# %(00=tt AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Se usted desea defenderse de las demandas que se prsentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fall por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNT BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 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 assessable facilities and reasonable accommodations available to disable 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. CUMBERLAND COUNT BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 4 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff TIMOTHY J. ARMOLT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. TAMARA MULLEN, Defendant • : NO. 2008-5181 • : CIVIL ACTION - LAW : IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, come the Plaintiff, Timothy J. Armolt, by and through his attorney, Marianne E. Rudebusch, Esquire, and respectfully files the following Petition To Modify Custody Order, and in support thereof, avers as follows: 1. Plaintiff, Timothy J. Armolt, hereinafter referred to as Father, is an adult individual currently residing at 196 Smith Road, Newport, Perry County, Pennsylvania, 17074. 2. Defendant, Tamara Mullen, hereinafter referred to as Mother, is an adult individual currently residing at 1330 Grandview Court, Carlisle, Cumberland County, Pennsylvania, 17013. 5 3. The parties are the natural parents of DaIlton J. Armolt, born 10/7/99 and Desiree M. Armolt, born 9/21/01. 4. This Honorable Court entered a Custody Order on September 30, 2008, wherein the parties share legal custody of the minor children. See attached Exhibit A. 5. Mother has primary physical custody of the children, and Father has partial physical custody every other weekend from Fridays at 5:00 p.m. until Sunday at 5:00 p.m. 6. The children have expressed a desire to reside with Father and for Mother to have partial physical custody every other weekend. WHEREFORE, Father requests that this Honorable Court schedule a Custody Conciliation Conference. Dated: S -071--i Respectfully Submitted, / Laor e ,IZat.(a-triok. Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 6 VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: Date: .S` " /4:-7-7-/L/ EXHIBIT A I1NlO l'I IY SEP 29 ZUUb : IN I IIF COURT OF COMMON PLEAS OF Plauntili : CUMI3ERLAND COUNTY, PENNSYLVANIA S. RA MULE, . Defendant CIVIL ACTION - LAW : NO.2008-5181 : IN CUSTODY COURT ORDER AND NOW, this 36 day of} , 2008, upon consideration of the attached Custody Conciliation Report. it is ordered and directed as follows: 1. The father, Timothy Armolt, and the mother, Tamara Mullen, shall enjoy shared legal custody of Dallton J. Armolt, born October 7, 1999, and Desiree McKenzie Ar'molt, born September 21, 2001. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends, with the first two weekends to be Saturday and Sunday from 9:00 a.m. until 5:00 p.m. The next two alternating weekends shall be Saturday at 9:00 a.m. until Sunday at 5:00 p.m. Thereafter, the alternating weekends shall be Friday at 5:00 p.m. until Sunday at 5:00 p. B. At such other times as agreed upon by the parties. 4. The parties may modify or alter the custody schedule set forth above as the parties agree. Absent an agreement, the parties shall follow the Order as set forth above. In the event either party desires to modify this Order, that party may petition the Court to have the case again schedule with the Custody Conciliator for a conference. 5. Father shall handle transportation for exchange of custody unless agreed otherwise by the parties. cc: Sean Potter, Esquire Douglas Miller, Esquire 13Y THE C'OUR'T , U UE COPY FROM REQ+7 k a togOmony whereat, I here unite sat myhark. ?r':ai I Of said Court at CarUsle Pa. thi CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I , hereby swear or affirm, subject to penalties of law including 18 Pa.C.S § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the "yes" box next to the crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of conviction "yes" or "No" Household guilty plea, no member contest plea or pending charges y no O ❑ 18 Pa.C.S. Ch.25 ❑ ❑ (relating to criminal homicide) 0 18 Pa.C.S. §2702 ❑ (relating to aggravated assault) 1 Sentence 18 Pa.C.S. §2706 (relating to terroristic threats) 18 Pa.C.S. §2709.1 0 (relating to Stalking) 0 18 Pa.C.S. §2901 0 (relating to kidnapping) O 18 Pa.C.S. §2902 0 0 (relating to unlawful restraint) O 18 Pa.C.S. §2903 0 (relating to false imprisonment) 18 Pa.C.S. §2910 0 (relating to luring a child into a motor vehicle or structure) O 18 Pa.C.S. § 3121 0 0 (relating to Rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault 18 Pa.C.S. §3123 0 (relating to involuntary deviate sexual intercourse) O 18 Pa.C.S. §3124.1 0 (relating to sexual assault) 0 2 O 18 Pa.C.S. § 3125 0 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) O 18 Pa.C.S. §3127 0 (relating to indecent exposure), O 18 Pa.C.S. §3129 0 (relating to sexual intercourse with an animal) O 18 Pa.C.S §3130 0 (relating to conduct relating to sex offenders) 0 0 18 Pa.C.S §3301 0 (relating to arson and related offenses) O 18 Pa.C.S. §4302 0 (relating to incest) 18 Pa.C.S. §4303 0 (relating to concealing death of child) O 18 Pa.C.S. §4304 0 (relating to endangering welfare of children) 3 ❑ ❑ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ ❑ 18 Pa.C.S. §5902(b) ❑ (relating to prostitution and related offenses) 0 18 Pa.C.S. §5903(c) ❑ or (d) (relating to obscene and other sexual materials and performances) ❑ ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ ❑ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ ❑ 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ ❑ 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) 4 O ❑ Driving under the ❑ influence of drugs or alcohol O ❑ Manufacture, sale ❑ delivery, holding offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the "yes" box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check "yes or "no" Yes No Self Other Date Household Member ❑ ❑ A finding of abuse by a Children & Youth ❑ Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ 0 Abusive Conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ ❑ Other: CI 0 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S §4904 relating to unsworn falsification to authorities. 6 Signature Printed Name CERTIFICATE OF SERVICE AND NOW, this o? day of tr V l , 2014, I, Katherine A. Frey, Assistant to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Tamara Mullen 1330 Grandview Court Carlisle, PA 17013 Defendant By: Katherine A. Frey Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff 4:111= 42 CUNBERL A ND COUNT'? TIMOTHY J. ARMOLT, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-5181 TAMARA MULLEN, : CIVIL ACTION - LAW Defendant : IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I 17MfiA y 11 4gatio [ i , hereby swear or affirm, subject to penalties of law including 18 Pa.C.S § 4904 relating to unsworn falsification to authorities that: 1— Unless indicated by my checking the "yes" box next to the crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check "yes" or "No" des no ❑ 1 Crime Self Other Household member 18 Pa.C.S. Ch.25 0 (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to agEravated assault) 0 0 1 Date of conviction Euilty plea, no contest plea or pending charges Sentence 18 Pa.C.S. §2706 ❑ ❑ (relating to terroristic threats) 18 Pa.C.S. §2709.1 ❑ ❑ (relating to Stalking) 18 Pa.C.S. §2901 ❑ ❑ (relating to kidnapping) 18 Pa.C.S. §2902 ❑ (relating to unlawful restraint) 0 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) 18 Pa.C.S. §2910 ❑ (relating to luring a child into a motor vehicle or structure) 0 18 Pa.C.S. § 3121 ❑ ❑ (relating to Rape) 18 Pa.C.S. §3122.1 ❑ (relating to statutory sexual assault_ 0 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault) 2 18 Pa.C.S. § 3125 ❑ (relating to aggravated indecent assault) 18 Pa.C.S. §3126 ❑ (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) 0 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with an animal) 18 Pa.C.S §3130 ❑ ❑ (relating to conduct relating to sex offenders) 18 Pa.C.S §3301 ❑ ❑ (relating to arson and related offenses) 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) 18 Pa.C.S. §5902(b) ❑ (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c) ❑ or (d) (relating to obscene and other sexual materials and performances) 0 0 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minor) 18Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) 4 , t 0 0 Driving under the 0 influence of drugs or alcohol Manufacture, sale 0 delivery, holding offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the "yes" box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check "yes or "no" Yes No Self Other Date Household Member ❑ A finding of abuse by a Children & Youth ❑ ❑ Agency or similar agency in Pennsylvania or similar statute in another jurisdiction O 'f7 Abusive Conduct as defined under the 0 0 Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction 0 0 O Other: 0 0 3, Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: /JO Ae I verify that the information above is true and correct to the best of my knowledge. information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S §4904 relating to unsworn falsification to authorities. 6 .0-7., AL Signature ibtoL 44'10 I— Printed Name 0 TIMOTHY J. ARMOLT PLAINTIFF V. TAMARA MULLEN DEFENDANT AND NOW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN A mw -0 x 2-71 z cr., . 2008-5181 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT ru na c' —c. Monday, June 02, 2014 , 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 Tuesday, June 24, 2014 10:30 AM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE,'GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL.HELP. Ve.4 -Rua b u.sc_n Pkicetn Fie- F qlij G)r1 Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TIMOTHY J. ARMOLT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v TAMARA MULLEN, Defendant : 2008-5181 CIVIL ACTION - LAW c-> t> Ill CDc.- : IN CUSTODY `,_ ).> CA) COURT ORDER " AND NOW, thisdr —fes day of July, 2014, upon consideration of the attached Custody Conciliation Report, it is ordered that this Court's prior Order of September 30, 2008, is vacated and replaced with the following Order: 1. The father, Timothy J. Armolt, and the mother, Tamara Mullen, shall enjoyed shared legal custody of Dallton J. Armolt, born October 7, 1999, and Desiree M. Armolt, born September 21, 2001. 2. During the school year, the Mother shall enjoy primary physical custody with the Father enjoying partial physical custody as follows: A. Every other weekend from Friday at or about 3:30 when the Father may pick the children up from school until Monday morning when the Father shall deliver the children to school. If Monday is a holiday and Father is off work, Father may maintain custody through Tuesday morning conditioned upon Father alerting Mother that he is off work and exercising this option. B. For one evening a week from after school until 7:00 p.m. Unless the parties agree otherwise, the evening shall be Wednesday. C. Except when Father picks up the children at school, exchange of custody shall take place at the Carlisle Police Station consistent with the existing protocol of the parties. 3. During the summer months when the children are off school, the parties shall alternate custody on a week-on/week-off basis. Absent an agreement between the parties, exchange of custody shall take place Monday mornings at 9:00 a.m. or such other times as agreed upon by the parties. 4. For the July 4th holiday in 2014, Mother shall have custody the day of July 4th through July 5th at noon. The parties shall exchange custody July 5th at noon and Father shall keep custody for the remainder of the weekend and extending into the following week when Father is starting his first week of custody during the summer. 5. Father shall always have custody on Father's Day and Mother shall always have custody on Mother's Day. The time frame shall be from 9:00 a.m. until 9:00 p.m. 6. The parties shall alternate holidays every year including July 4th, Labor Day, Thanksgiving, Easter and Memorial Day. Father shall have Labor Day 2014 with the parties alternating thereafter. 7. The Christmas holiday shall be split into two segments: Segment A shall be from noon on Christmas eve until noon on Christmas day, and Segment B shall be from noon on Christmas day until noon on December 26th. The parties shall alternate these Segments with the Father having Segment A and the Mother having Segment B in 2014. 8. It is understood that the children are scheduled for some camps during the summer of 2014. The parties shall exchange information as to when those camps shall occur with the understanding that the camps shall occur during Mother's week during the summer of 2014. As necessary, the parties shall swap weeks to ensure that this provision is followed. In future summers, the parties shall coordinate with each other with respect to when the children attend camp, with the further understanding that if the Mother wants the children to attend certain camps, the Father will accommodate those camps by switching weeks with the Mother during the summer. 9. The parties may alter or modify the terms of the Order set forth above as they agree. Absent an agreement by both parties, the parties shall follow the Order set forth above. In the event either party desires to modify this Order at any point in the future, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, cc: ianne E. Rudebusch, Esquire Douglas G. Miller, Esquire ies Plat L£L TIMOTHY J. ARMOLT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2008-5181 CIVIL ACTION - LAW TAMARA MULLEN, Defendant : IN CUSTODY PRIOR JUDGE: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Dallton J. Armolt, born October 7, 1999 Desiree M. Armolt, born September 21, 2001 0.4 Lei 2. A Conciliation Conference was held on July 2, 2014, with the following individuals in attendance: The father, Timothy J. Armolt, with his counsel, Marianne E. Rudebusch, Esquire, and the mother, Tamara Mullen, with her counsel, Douglas G. Miller, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: July 2 , 2014 Hubert X. Gilroy, Esquire Custody Conciliator