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HomeMy WebLinkAbout09-0995LEROY ARMOLT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY TIFFANY HOCKLEY, _ Defendant. : NO. (} 99 S CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Leroy Armolt, by his attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Leroy Armolt, residing at 365 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is Tiffany Hockley, residing at 631 North West Street, Apartment 1, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks partial custody of: Name Present Residence Joshua Armolt 631 North West Street, Carlisle, PA Garrett Armolt 631 North West Street, Carlisle, PA The children were born out of wedlock. Age 2 1 The children presently in the custody of Tiffany Hockley, who resides at 631 North West Street, Carlisle, PA 17013. During the past five years the children have resided with the following persons at the following addresses: Persons Address Dates Leroy Armolt 631 North West Street, Carlisle, PA Birth to August 2008 Tiffany Armolt 631 North West Street, Carlisle, PA Birth to Present The Mother of the children is Tiffany Hockley. She is single. The Father of the children is Leroy Armolt. He is single. 4. The relationship of plaintiff to the children is that of Father. The plaintiff currently resides with the following persons: Name Relationship Virginia York Girlfriend Destiny York Girlfriend's Daughter Kendall D. York Girlfriend's Daughter 5. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons: Name Relationship Anson Boyfriend Joshua Armolt Son Garrett Armolt Son 6. 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 physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has been the children's primary caretaker for all of the children's life; b. Plaintiff provides the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c. Plaintiff has permitted contact between Defendant and the child and will continue to do so; d. Plaintiff is willing to accept custody of the child. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant her shared legal custody and primary physical custody of the child, with the father having periods of partial custody. Respectfully submitted, Date: z 1 2 /C39 Karen Fernandez Certified Legal Intern Thomas Place Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 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. a Z' ' - Leroy Armolt CIO 3 LEROY ARMOLT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY TIFFANY HOCKLEY, 69-v'5, Defendant NO. - CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Leroy Armolt, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully Date l c? Karen Fernandez Certified Legal Intern fiq_"? OkOBEF,ff E. RAINS 61 THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 f 7 ? t?J t ?- c-.> - -1"I . ? , "T1 -°-f _r _ ? s C? , .. ? C:? .. ti. " t -':I ". . -?_ -j,", ,. ?,i Y LEROY ARMOLT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-995 CIVIL ACTION LAW TIFFANY HOCKLEY IN CUSTODY! DEFENDANT ORDER OF COURT AND NOW, Tuesday, February 24, 2009 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on lbursday, March 19, 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 eniry 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/ ac ueline M. Verne Es . Custody (onciliator The Court of Common Pleas of Cumberland County is tequired 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 courts 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 Bat Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1-s 3 $ ??? ?? 3 L'?? ??? ?? +,-of r t? '=-n :? ?' _., ? s?-?-? k ? ??_. , ? , ?r f'?: _ ° ; s'r ? ???: cY..; .. .. r ? 4'" LEROY ARMOLT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY TIFFANY HOCKLEY, Defendant NO. 09-995 CIVIL TERM AFFIDAVIT OF SERVICE I, Karen Fernandez, hereby certify that I personally served a true and correct copy of the Order of Court dated February 24, 2009 and the Complaint for Custody, on March 16, 2009, at: 631 North West Street, Apt. 1, Carlisle, PA 17013, at 3:00 p.m. on Tiffany Hockley. I verify that the statements made in this Affidavit of Service are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: 3 I C? ? c? t f '_F f`-Vi ^. cr-I r APR 0 6 2009 ?, LEROY ARMOLT, Plaintiff V. TIFFANY HOCKLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-995 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this -217day of 1 +o\ 2009, upon consideration of the attached Custody Conciliport, it is ordered and directed as follows: 1. The Father, Leroy Armolt and the Mother, Tiffany Hockley, shall have shared legal custody of Joshua Armolt, born November 29, 20006 and Garrett Armolt, born January 20, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions aiTecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall have the following phased-in periods of partial physical custody: A. Every Sunday in April, 2009 from 12:00 noon to 4:00 p.m. B. Every Sunday in May, 2009 from 10:00 a.m. to 5:00 p.m. C. Every Sunday in June, 2009 from 9:00 a.m. to 6:00 p.m. D. Beginning the first weekend in July, 2009, and alternating thereafter from Friday at 6:00 p.m. to Saturday at 6:00 p.m. 4. Transportation shall be shared such that the parties shall meet at the Citgo convenience store located at 603 Franklin St., Carlisle. Father must assure that he has appropriate car seats for the children, that the car used for transporting the children is properly registered and insured, and that the driver be a legally licensed driver. 5. Neither party nor any third party may say or do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 6. Neither party may remove the children from the jurisdiction without prior written consent of the other party or an Order of Court. 7. This Order is entered pursuant to an agreement of the parties at 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. Another Custody Conciliation Conference is scheduled for July 27, 2009 at 8:30 a.m. J. cc: Karen Fernandez, certified legal intern, Counsel for Father egan Riesmeyer, Esquire, Family Law Clinic Cindy Hribal, Esquire, Counsel for Mother ?'I ft??FI ;F OF T# PROTHQM"A1l 2009 APR -k8 AN 9: 55 t1 ..a6L 9.,i, . t. I'm PEENS MA LEROY ARMOLT, Plaintiff V. TIFFANY HOCKLEY, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-995 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joshua Armolt November 29, 2006 Mother Garrett Armolt January 20, 2008 Mother 2. A Conciliation Conference was held in this matter on April 6, 2009, with the following in attendance: The Father, Leroy Armolt, with his counsel, Karen Fernandez, certified legal intern and Megan Riesmeyer, Esquire, Family Law Clinic and the Mother, Tiffany Hockley, with her counsel, Cindy Hribal, Esquire. 3. The parties agreed to an Order in the form as attached. Date acq ine M. Verney, Esquire Custody Conciliator NOV 0 9 X009 LEROY ARMOLT, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~'• : N0.2009-995 CIVIL ACTION -LAW TIFFANY HOCKLEY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 9th day of November, 2009, being advised that the parties have reached an agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~ d tti ......_ :' l ~acque~ne M. Verney, Esquire, Custod}~ Conciliator '~ ~~.~ 2tC~~~~t -;~ ~~ 2~ ~ . ,.. ~ .