HomeMy WebLinkAbout01-3218TIMOTHY J. ARMOLT, SR., : IN THE COURT OF COMMON PLF_~S 04~ ..~
Plaintiff CUMBERLAND COUNTY, PENNS.~LV. ;~
CIVIL ACTION LAW '"
l]q CUSTODY .::: '_.,
JENNIFER CARREY, -~'
Defendant No. ~-'
PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT
TO PA ILC.P. 1915.13
AND NOW, this 25th day of May, 2001, pursuant to Rule 1915.13 of the Pennsylvania
Rules of Civil Procedure, comes the Petitioner, Timothy J. Armolt, Sr., by his attorneys, the
Family Law Clinic, seeking emergency custody of his minor child, Austin J. Armolt, bom
December 28, 1995. Petitioner states the following in support of his Petition for Special Relief:
1. Plaintiff/Petitioner is Timothy J. Armolt, Sr., residing at 48 Spring Garden Estates,
Carlisle, Cumberland County, PA, 17013.
2. Defendant/Respondent is Jennifer Carrey, residing at 7624 Old Jonestown Road,
Cabin Number 3, Harrisburg, PA 17112.
3. The parties are the biological parents of Austin James Armolt, born12/28/95.
4. In the spring or summer of 2000, Father spent a significant amount of time with
Austin (approximately 50% of the time). Both Mother and Father lived in Cumberland County.
5. At that time, Father noticed that Austin's teeth had brown spots on them.
6. Mother told Father that she intended to take him to the dentist, and asked Father to
give her money to finance it. Father gave Mother money to pay for dental work relating to
Austin's teeth. Father believes that Austin was never taken to the dentist.
7. From November of 2000 until April of 2001, Father lived in Perry County and did not
have a substantial amount of contact with Austin. In April, he moved back to Cumberland
County and resumed regular contact.
8. In mid-April 2001, Mother sent Austin to Father's home for a visit. She told Father
that Austin was crying and complaining of tooth pain and that Father had to take him to a dentist.
She then sent Austin, by taxicab, to Father's work. When Austin arrived, Father saw that his
face was swollen. Austin complained of tooth pain.
9. On or about April 17, 2001, Austin visited James D. Kearns, D.D.S. at Kearns &
Ashby, D.D.S., P.C.. The dentist found that Austin's teeth were badly decayed, and that several
of them were rotting to the gum line. Due to the severity of Austin's dental problems, Dr.
Kearns sent him to an oral surgeon, who pulled ten ( I 0) of Austin's teeth. Father has been
informed that Austin will need additional, and substantial, future dental work. A copy of the
April 17, 2001 dental treatment plan from Kearns & Ashby, D.D.S., P.C. is attached as Exhibit A
and incorporated herein by reference.
10. Due to the nature and severity of Austin's dental problem, and the future implications
of that problem (speech difficulties, secondary tooth impact, the need for ongoing and substantial.
dental work to attempt to salvage remaining teeth and maintain proper spacing for secondary
teeth, etc.), Father believes that Austin has been severely neglected by Mother.
11. Father has a number of additional concerns about Mother's care of Austin, including
whether Austin has had proper medical care over the last few years, whether Austin is current on
his immunizations, and whether Austin is properly supervised when Mother works.
12. Father believes that it is in Austin's best interest for Father to have sole legal and
primary physical custody of Austin. On May 25, 2001, he filed a Custody Complaint with this
Court.
13. Both the Perry County Children and Youth Services and the Cumberland County
Children and Youth Services have been involved in this matter. Upon information and belief, the
Perry County Children and Youth Services have indicated that Mother has abused Austin
through neglect. They have strongly urged Father to retain physical custody of Austin.
Wherefore, Father requests the Court to grant him sole legal and primary physical
custody of the child pending a hearing on this matter.
May 25, 2001 ~ /"'-,~ /'-f'c.!4
Derek R. Clepper ,/
Certified Legal Intern
M. PLACE
ROBERT E. RAINS
TERI L. I~NNING
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717)-243-2968
KEARNS & ASHBY, D.D.S., P.C.
JAMES D. KEARNS. D.D.S. DWIGHT J. ASHBY, D.D.S. NANCY L. RAJCHEL. D.D.S.
ROBERT CRAMER. D.D.S. JEFFREY D. KEARNS, D.D.S.
DEN'rAL TREATMENT PLAN AND ESTIMATED FEE FOR: ~ ~-_-.'¥, ,--.-. ~ ~" ~',-O'\"~
NUMBER OF TEETH HAVING DECAY:
PRIMARY SILVER FILLINGS: PERMANENT SILVER FILLINGS:
I SURFACE FILLING AT EACH (D2110) I SURFACE FILLING AT EACH(D2140)
2 SURFACE FILLING AT EACH (D2120) 2 SURFACE FILLING AT EACH(D2150)
----3 SURFACE FILLING AT EACH (D2130) 3 SURFACE FILLING AT EACH(D2160)
4 SURFACE FILLING AT EACH (D2131) 4 SURFACE FILLING AT EACH(D2161)
· **MANY INSURANCES DO NOT ALLOW AS MUCH FOR A WHITE (POSTERIOR) FILLING***
YOU WILL BE RESPONSIBLE FOR THE DIFFERENCE
PRIMARY WHITE FILLINGS (POSTERIOR) ,,--,.. PERMANENTWHITE FILLINGS (POSTERIOR)
\ I SURFACE FILLING A'I' ~EACH [,D238.0~, 1 SURFACE FILLING AT EACH(D2385)
\ 2 SURFACE FILLING AT (-il (_Y EACH~.:8'~ 2 SURFACE FILLING AT EACH(D2386)
3-4 SURFACE FILLING AT EACH(D2382) 3 SURFACE FILLING AT EACH(D2387)
· ANTERIOR WHITE FILLI.NG~.R:~,~P~E~ANENT):
,.'/- 1 SURFACE FILLING AT ,~.(~'.~C (D21'I(~)
2 SURFACE FILLING AT EACH (D2331)
3 SURFACE FILLING AT EACH (D2332)
INCISAL OR 4 SURFACE FILLING AT EACH(D2335)
NUMBER OF NERVE TREATMENTS: /"--"'=-'"~
PULPOTOMY: L.~ AT /11 (.X.'.'EAC D3~ PULPALTHERAPY:'-~ AT /SS .(.,'~c. AC~
STAINLESS STEEL CROWNS~':'; AT I~'~
AT
EXTRACTIONS. -- AT EACH (D7110) SEALANTS: ~ AT EACH(D1351 )
(ADDITIONAL) -- AT EACH (D7120) BLEACHING:__ AT EACH(D9974)
MICROABRASION -- AT EACH (D9970) PERIAPICAL: -- AT EACH
BITEWINGS. PANOREX:
PROPHY MARYLAND BRIDGE:
FLUORIDE: (~NANCE:
ENDODONTIC TX: __ AT EACH B & L: AT EACH (D~'
INTERCEPTIVE ORTHO/PRIMARY INTERCEPTIVE ORTHO/PERMANENT
OTHER
Th~s is only an estimate of what was seen upon the examination done on J-~ ~ I r~ -O] .
If
work
needed
is more or less than quoted, adjustments to cost will be made, If you have no dental coverage, payment is required at the
brae of service. If you do have dental coverage, it will be submitted to your insurance company, unless the procedure is
not covered under.your plan.,,
I. Nlr./Mrs. .~-. ,,~ . ~' c. -,.,, .. ~' have reviewed and accept the cost to restore the decaye(t
teeth of tl~e chdd
VERIFi~ATION
I verify that the statements made in this Petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom
falsification to authorities.
Timothy J'. Armolt, Sr.
TIMOTHY J. ARMOLT, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION - LAW
:
JENNIFER CARREY, :
Defendant : NO. 01-3218 CIVIL TERM
ORDER OF COURT
AND NOW, this 29~ day of May, 2001, upon consideration of Plaintiff's Petition
for Special Relief Seeking Emergency Custody Pursuant to Pa. R.C.P. 1915.13, this
matter is referred to the custody conciliation process pursuant to Cumberland County
Rule of Procedure 1915.12-1, and the Court Administrator is requested to facilitate and
expedite this referral.
BY THE COURT,
tesley Oler, J .,~.
De~k R. Clepper
Ce~ified Legal Intern
~omas M. Place, Esq.
Robea E. Rains, Esq.
Teri L. Henning, Esq.
F~ily Law Clinic
45 N. Pi~ S~et
C~lisle, PA 17013
A~omeys for Plaintiff
Je~ifer C~ey
7624 Old Jonesto~ Road
Cabin 83
H~sburg, PA 17112
Defendant, Pro Se
Court Administrator /~' ~/( '" ' '
~-/~ -//~/.:.~
TIMOTHY J. ARMOLT, SR., : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
JENNIFER CARREY
: 01-3:218 CIVIL ACTION LAW
DEFENDANT
IN CUSTODY
AND NOW, Thursday, May 31, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, June 27, 2001 at 1:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute: or
if this cannot he 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 Protectiou from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Isl _[acqueline M. Verne?. Esq. ~1~
Custody Conciliator O '
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 ATFORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATFORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone {717) 249-3166
TUVlOTHY J.~ARMOLT, SR., : IN TH~ COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION LAW
: IN CUSTODY
:
JENNIFER CA aU Y,
Defendant i No. Ot/-
ORDER OF COURT
AND NOW, this day of ,2001, upon consideration of the
attached petition, it is hereby directed that the parties and their respective counsel appear before, _
, the conciliator, at , on the
_day of ,200_, at m., for a Pre-Hearing Custody Conference. At such
conference, an effort will be issues in dispute; or if this cannot be
to be heard by the court, and to enter into a
who are the subject of this custody action
not mandatory. Failure to appear at the
or permanent order.
Custody Conciliator
i THIS PAPER TO YOUR LAWYER AT ONCE. I~ YOU DO
NOT HAVE DR CANNOT AFFORD ONE, 00 TO OR TELEPHONE THE
OFFICE SET OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
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 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.
TIMOTHY J. ARMOLT, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
f') ¢.:, ,. ,
v. : CIVIL ACTION LAW -~'
r~.: :
: IN CUSTODY
JENNIFER CARREY, : :.
Defendant : No. ::
'.:
COMPLAINT FOR CUSTODY
1. The plaintiff is Timothy J. Armolt, Sr., residing at 48 Spring Garden Estates, Carlisle,
Cumberland County, PA, 17013.
2. The defendant is Jennifer Carrey, residing at 7624 Old Jonestown Road, Cabin
Number 3, Harrisburg, PA 17112.
3. Plaintiff seeks custody of the following child:
Name Present Residence Age
Austin James Armolt 48 Spring Garden Estate 5
Carlisle, PA (DOB 12/28/95)
AND
7624 Old Jonestown Road
Harrisburg, PA
The child was bom out of wedlock.
The child is presently in the custody of Timothy James Armolt, who resides at 48 Spring
Garden Estates, Carlisle, Pennsylvania.
During the past five years, the child has resided with the following persons and at the
following addresses:
Individuals Address Date
Timothy J. Armolt, Sr. 143 N. Bedford Street, 12/95 - 2/97
Jennifer Carrey Carlisle, PA 17013
Jennifer Carrey Carlisle, PA 2/97- 4/97
Jennifer Carrey Churchtown, PA 4/97-6/97
Jennifer Carrey Bonneybrook Trailer Park 6/97-8/97
Bonneybrook Road, Carlisle, PA
Jennifer Carrey Hanover Street 8/97-1/98
Jennifer Carrey Trindle Road 1/98-1/01
Mechanicsburg, PA
(some shared custodial periods)
Timothy J. Armolt, Sr. 48 Spring Garden Estates 3/00-11/00
Cynthia Wise Carlisle, PA 17013
(shared custodial periods)
Jennifer Carrey 7624 Jonestown Road Cabin #3 2/01-5/17
Harrisburg, PA 17112
Timothy J. Armolt, Sr. 48 Spring Garden Estates 5/17- present
Cynthia Wise Carlisle, PA
The mother of the child is Jennifer Carrey, currently residing at 7624 Old Jonestown
Road, Cabin #3, Harrisburg, PA 17112.
She is single.
The father of the child is Timothy J. Armolt, Sr., currently residing at 48 Spring Garden
Estates, Carlisle, PA.
He is single.
4. The relationship ofplaintiffto the child is that of father. The plaintiff currently
resides with the following persons:
Name Relationship
Cynthia Wise Girlfi'iend
Austin J. Armolt Son
5. The relationship of defendant to the child is that of mother. The defendant currently
resides with the following persons:
Name Relationship
Unknown
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth or any other state.
Plaintiffdoes not know ora person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child will be served by granting the
relief requested because:
a) Plaintiff is best able to provide the care and nurturing which the child needs for
healthy development;
b) Plaintiff provides the child with a home with adequate moral, emotional and physical
surroundings as required to meet the child's needs;
c) Plaintiff is willing to accept custody of the child;
d) Plaintiff exercises parental duties and enjoys the love and affection of the child;
8. Each parent whose parental fights to the child have not been terminated and the person
who has physical custody of the child have been named as parties to this action.
WHEREFORE, plaintiff requests the court to grant him sole legal and primary physical
custody of the child.
Certified~.__~/-Legal I~._
THOMAS M PLACE
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Stxect
Carlisle, PA 17013
(717)-243-2968
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 unswom
falsification to authorities.
Timothy J. Armolt, Sr.
TIMOTh~ J. AKMOLT, SR., IN TI~ COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION LAW
IN CUSTODY
JENNIFER CARREY,
Defendant : No. (fi/'~ '3~ [ ~
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Timothy .I. Armolt, Sr., Plaintiff, to proceed in forma pauperis.
I, Derek Clepper, of the Family Law Clinic, Certified Legal Intern, for the party
proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that
I am providing free legal service to the party. The party's affidavit showing inability to pay
the costs of litigation is attached hereto.
T'~ ~AS M.' PLACE'
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Attorneys for Plaintiff
TIMOTHY J. ARMOLT, SR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION LAW
: IN CUSTODY
:
JENNIFER CARREY, :
Defendant : No.
AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
1. I am the Plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to
pay the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and
costs is true and correct.
(a) Name: Timothy .l. Armolt, Sr.
Address: 48 Spring Garden Estates, Carlisle, PA 17013
Social Security No.: 189-:56-1170
(b) Employment: Family Ford
If you are presently employed, state
Employer: Family Ford
Address: High Street, Carlisle, PA
Salary or wages per month: 1646/month (gross)
Type of work: recondition cars
If you are presently unemployed, state
Date of last employment:
Salary or wages per month:
Type of work:
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social security benefits:
Support payments: $173/month
Disability payments:
Unemployment compensation and supplemental benefits:
Workman's compensation:
Public Assistance:
Other:
(d) Other contributions to household support
(Wife)(Husband) Name: Girlfriend - Cindy Wise
If your (wife)(husband) is employed, state
Employer: Ross
Salary or wages per month: unknown - shares rent, bills
Type of work:
Contributions from children:
Contributions from parents:
Other contributions:
(e) Property owned
Cash:
Checking account: $25 (also, Christmas Club Account)
Savings account:
Certificates of deposit:
Real estate (including home):
Motor vehicle: Make, Year 1987 Mercury Topaz
Cost, Amount Owed $ 700 ($300 owed)
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage:
Rent: 375/month
Loans: ear loan ($300)
Other: Child Support - 420/month
(g) Persons dependent upon you for support
(Wife)(Husband) Name:
Children, if any:
Name: Age:
Austin Armolt 5
Timmy Armolt 10
Dallton Armolt (not residing with plaintiff, plaintiff pays child support)
Other persons:
Name:
Relationship:
4. I understand that I have a continuing obligation to inform the court of improvement
in my financial circumstances which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this 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.
Petitioner in~othy J Aftmi~lt, Sr
TIMOTHY J. ARMOLT, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : CIVIL ACTION- LAW
:
JENNIFER CARREY, :
Defendant : NO. 01-3218 CIVIL TERM
ORDER OF COURT
AND NOW, this 29m day of May, 200 I, upon consideration of Plaintiff's Petition
for Special Relief Seeking Emergency Custody Pursuant to Pa. R.C.P. 1915.13, this
matter is referred to the custody conciliation process pursuant to Cumberland County
Rule of Procedure 1915.12-1, and the Court Administrator is requested to facilitate and
expedite this referral.
BY THE COURT,
J. ~es~ey Oler, JO'
Derek R. Clepper
Certified Legal Intern
Thomas M. Place, Esq.
Robert E. Rains, Esq.
Ted L. Henning, Esq.
Family Law Clinic
45 N. Pitt Street
Carlisle, PA 17013
Attorneys for Plaintiff
Jennifer Carrey
7624 Old Jonestown Road
Cabin 83
Harrisburg, PA 17112
Defendant, Pro Se
Court Administrator
:rc
TIMOTHY J. AIL, MOLT, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION LAW
V.
: IN CUSTODY
:
JENNIFER CARREY. :
Defendant : No. O/' '3 ~ { ~'
ORDER OF COURT
AND NOW, this day of ,2001, upon consideration of the attached
Petition for Special Relief, it is hereby Ordered as follows:
1. Effective immediately, the Petitioner, Timothy J. Armolt, Sr., shall have sole legal and
primary physical custody of his minor child, Austin J. Armolt, pending further order of
this Court. Mother shall have partial physical custody as the parties agree.
2. A heating regarding this Petition for Special Relief is hereby scheduled for the _ day
of ., 2001 at o'clock__ M in Courtroom Number ,
Cumberland County Courthouse, Carlisle, Pennsylvania 17013, at which time the parties,
along with their legal counsel, shall appear in person.
BY THE COURT,
TIMOTHY J. ARMOLT, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION LAW
: IN CUSTODY c.: ..... "
JENNIFER CARREY '"'
Defendant : No. ~_..; c,
PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PU.~SU..4,NT.
TO PA R.C.P. 1915.13 '" '" "
AND NOW, this 2$th day of May, 2001, pursuant to Rule 1915.13 of the Pennsylvania
Rules of Ci.vil Procedure, comes the Petitioner, Timothy J. Armolt, Sr., by his attorneys, the
Family Law Clinic, seeking emergency custody of his minor child, Austin J. Armolt, bom
December 28, 1995. Petitioner states the following in support of his Petition for Special Relief:
I. Plaintiff/Petitioner is Timothy J. Armolt, Sr., residing at 48 Spring Garden Estates,
Carlisle, Cumberland County, PA, 17013.
2. Defendant/Respondent is Jennifer Carrey, residing at 7624 Old Jonestown Road,
Cabin Number 3, Harrisburg, PA 17112.
3. The parties are the biological parents of Austin James Armolt, bom12/28/95.
4. In the spring or summer of 2000, Father spent a significant amount of time with
Austin (approximately 50% of the time). Both Mother and Father lived in Cumberland County.
5. At that time, Father noticed that Austin's teeth had brown spots on them.
6. Mother told Father that she intended to take him to the dentist, and asked Father to
give her money to finance it. Father gave Mother money to pay for dental work relating to
Austin's teeth. Father believes that Austin was never taken to the dentist.
7. From November of 2000 until April of 2001, Father lived in Perry County and did not
have a substantial amount of contact with Austin. In April, he moved back to Cumberland
County and resumed regular contact.
8. In mid-April 2001, Mother sent Austin to Father's home for a visit. She told Father
that Austin was crying and complaining of tooth pain and that Father had to take him to a dentist.
She then sent Austin, by taxicab, to Father's work. When Austin arrived, Father saw that his
face was swollen. Austin complained of tooth pain.
9. On or about April 17, 2001, Austin visited James D. Keams, D.D.S. at Keams &
Ashby, D.D.S., P.C.. The dentist found that Austin's teeth were badly decayed, and that several
of them were rotting to the gum line. Due to the severity of Austin's dental problems, Dr.
Keams sent him to an oral surgeon, who pulled ten (10) of Austin's teeth. Father has been
informed that Austin will need additional, and substantial, future dental work. A copy of the
April 17, 2001 dental treatment plan fi.om Keams & Ashby, D.D.S., P.C. is attached as Exhibit A
and incorporated herein by reference.
I0. Due to the nature and severity of Austin's dental problem, and the future implications
of that problem (speech difficulties, secondary tooth impact, the need for ongoing and substantial
dental work to attempt to salvage remaining teeth and maintain proper spacing for secondary
teeth, etc.), Father believes that Austin has been severely neglected by Mother.
11. Father has a number of additional concerns about Mother's care of Austin, including
whether Austin has had proper medical care over the last few years, whether Austin is current on
his immunizations, and whether Austin is properly supervised when Mother works.
12. Father believes that it is in Austin's best interest for Father to have sole legal and
primary physical custody of Austin. On May 25, 2001, he filed a Custody Complaint with this
Court.
13. Both the Perry County Children and Youth Services and the Cumberland County
Children and Youth Services have been involved in this matter. Upon information and belief, the
Perry County Children and Youth Services have indicated that Mother has abused Austin
through neglect. They have strongly urged Father to retain physical custody of Austin.
Wherefore, Father requests the Cour~ to grant him sole legal and primary physical
custody of the child pending a hearing on this matter.
May 25, 2001
Derek R. Clepper
Certified Legal Intern
TH'O~MAS M. PLACE
ROBERT E. RAINS
TERI L. HEN'NI~G
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717)-243-2968
KEARNS & ASHBY, D.D.S., P.C.
JAMES D. KEARNS, D.D.S. DWIGHT J. ASHBY, D.D.S. NANCY L. RAJCHEL, D.D.S.
ROBERT CRAMER, D.D.S. JEFFREY D. KEARNS, D.D.S.
DENTAL TREATMENT PLAN AND ESTIMATED FEE FOR: ~ ~ _.~, ,...,, ~ ~.. ,.,.,.,,~.~'\..~..
NUMBER OF TEETH HAVING DECAY;
PRIMARY SILVER FILLINGS: PERMANENT SILVER FILLINGS:
1 SURFACE FILLING AT EACH (D2110) I SURFACE FILLING AT EACH(D2140)
2 SURFACE FILLING AT EACH (D2120) . 2 SURFACE FILLING AT ' EACH(D2150)
3 SURFACE FILLING AT EACH (D2130) 3 SURFACE FILLING AT - EACH(D2160)
4 SURFACE FILLING AT EACH (D2131) ' 4 SURFACE FILLING AT EACH(D2161)
*'*MANY INSURANCES DO NOT ALLOW AS MUCH FOR A WHITE (POSTERIOR) FILLING***
YOU WILL BE RESPONSIBLE FOR THE DIFFERENCF
PRIMARY WHITE FILLINGS (POS/~E.R,,IOR) ~ PERMANENT WHITE FILLINGS (POSTERIOR)
\ 1 SURFACE FILLING A'F~EACH (_D238_'0_~, 1 SURFACE FILLING AT EACH(D2385)
\ 2 SURFACE FILLING AT ~-~l ~_',,' EACH ' "
( ' ~_~_~ 2 SURFACE FILLING AT EACH(D2386)
3-4 SURFACE FILLING AT EAC"(-O'~82) 3 SURFACE FILLING AT EACH(D2387)
--. _A..N_TERIOR WHITE FILLI_NG~,'R_~PE~.~RMANENT):
'-'~ 1 SURFACE FILLING AT '~ ~".~1'~
2 SURFACE FILLING AT EACH
3 SURFACE FILLING AT EACH (D2332)
INCISAL OR 4 SURFACE FILLING AT EACH(D2335)
NUMBER OF NERVE TREATMEN,T,S:
PULPOTOMY: L.~ AT Ill fj,-. EACI'~220)~ PULPAL TI'IERAPY:,...~ AT /5~ '~EACI~
sTA,..Ess STE L C.O V.S AT r-O ^c, .OCTEC~,STA.,L: h AT 'COEACH'
EXTRACTIONS: __ AT EACH (D7110) SEALANTS: __ AT EACH(D1351)
(ADDITIONAL) __ AT EACH (D7120) BLEACHING.__ AT EACH(D9974)
MICROABRASlOi',i. __ AT EACH (Dg970) PERIAPICAL: __ AT .EACH
BITEWINGS. PANOREX:
PROPHY. MARYLAND BRIDGE:
FLUORIDE: ~NANCE: I (D151.~
ENDODONTIC TX: __ AT EACH B & L: AT EACH (D~'
INTERCEPTIVE ORTHO/PRIMARY INTERCEPTIVE ORTHO/PERMANENT
OTHER
This is only an estimate of what was seen upon the examination done on J'~'- ~ ~ -{~J . If work needed
is more or less than quoted, adjustments to cost will be made. If you have no dental coverage, payment is required at the
bme of service. I[ you do have dental coverage, it will be submitted to your insurance company, unless the procedure is
nol covered under.,.vour plan.~
. ,/' ././/
o"~.,: . .; ,- ~.>""
I. Mr/Mrs. .~' ~ ,/_ ~"~.-~,.~ have reviewed and accept the cost to restore the decayed
teeth o~ tl3e child.
VERII~ICATION
I verify that the statements made in this Petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom
falsification to authorities.
Timothy J. Armoit, Sr.
TIMOTHY J. ARMOLT, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION- LAW
IN CUSTODY
JENNIFER CARREY,
Defendant : No. 01-3218
ORDER OF COURT
ANDNOW, this, 2~'/6dayof ~un(_. ,2001, it is hereby Ordered and Decreed that the
Family Law Clinic is granted leave to correct the caption in this matter to spell the Defendant's
name correctly as "Carey."
FOR THE COU,R, T, .--? ~z
c~ '~,'~; ~o o~ ~,, C,~ c~
TIMOTHY J. AP, MOLT, SR. : IN TI-IE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION- LAW
IN CUSTODY
JENNIFER CARREY,
Defendant No. 01 =3218
PETITION TO CHANGE CAPTION
AND NOW, comes Petitioner, Timothy J. Armolt, Sr. through the Family Law Clinic,
requesting that the Court correct the caption in this case pursuant to Pa. R.C.P. 1033. In support
of his petition petitioner avers as follows:
1. On May 25, 2001, Timothy J. Armolt ("Plaintiff") filed a Custody Complaint in this
action.
2. On June 20, 2001, the Plaintiff and Defendant signed a Custody Agreement and Order
to settle this matter.
3. At the time Defendant signed the Agreement, she informed Plaintiff that her name
was spelled incorrectly in the above caption.
4. The correct spelling of Defendant's last name is "Carey."
5. Plaintiff's counsel, The Family Law Clinic, contacted the Defendant as to this matter.
Defendant confirmed that the above caption should be corrected to read "Jennifer Carey."
WHEREFORE, Plaintiff requests leave to correct the caption in this matter to spell
Defendant's name correctly.
Respectfully Submitted,
Date Certified Legal Intern
T.oms M. PL^cE
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717)-243-2968
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unswom falsification to authorities.
Date Timothy J.
TIMOTHY J. ARMOLT, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION- LAW
: IN CUSTODY
JENNIFER CARREY,
Defendant No. 01-3218
CERTIFICATE OF SERVICE
1, Derek R. Clepper, hereby certify that I served a true and correct copy of the Petition to
Change Caption, on the following person, defendant, by depositing a copy of the same in the
United States mail, postage prepaid, the 25 day of June, 2001:
Jennifer Carey
7624 Old Jonestown Road
HmTisburg, PA 17112 ~ ~
.~D~reVl~ R. Clepper
Date Certified Legal Intern
FAMILY LAW CLINIC
45 N Pitt Street
Carlisle, PA 17013
(717)-243-2968
JUH S 8 2061
TIMOTHY J. ARMOLT, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. : NO. 2001-3218 CIVIL TERM
:
JENNIFER CARREY, : CIVIL ACTION - LAW
Defendant :
: IN CUSTODY
ORDER OF COURT
AND NOW, this 22~° day of June, 2001, the Conciliator being notified that the
parties have signed a Custody Stipulation in the above matter, the Conciliator hereby
relinquishes jurisdiction in this matter.
FORTHECOURT,
~o.~,~ ~}~. ~-~-~1,~1 Conclhator
fi[cqu~ine M. Vemey, Esquire, Cus[b y ' '
· _ ? 2001(:
TIMOTHY J. ARMOLT, SR. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION- LAW
IN CUSTODY
JENNIFER CAREY, :
Defendant No. 01-3218
CUSTODY AGREEMI~NT AND ORDER
THIS AGREEMENT, made this ~0~ day of June, 2001, between Timothy J. Armolt,
Sr., hereinafter "father", and Jennifer Carey, hereinafter "mother", concerns the custody of their
child, Austin J. Armolt, born December 28, 1995, hereinafter "the child."
Father and mother desire to enter into an agreement as to the custody of their child.
Father and mother agree to the following:
1. The father and mother shall have shared legal custody of the child. All decisions
affecting the child's growth and development shall be considered major decisions and shall be
made by the parents jointly, after discussion and consultation with each other, and with the view
towards obtaining and following the child's best interests which decisions shall include, but not
be limited to, all medical and dental treatment, religious upbringing, education, scholastic or
athletic pursuits, and other extracurricular activities.
2. The mother shall have primary physical custody of the child.
3. The father shall have partial physical custody of the child as follows:
a. Summer. Father shall have physical custody during alternating weeks
beginning Sunday at 8:00 a.m. until the following Sunday at 8:00 p.m. for the
child's summer vacation from school.
b. School year. Once school begins, Father shall have physical custody every
weekend, from Friday aider school until Sunday at 3:00 p.m.
c. Holidays. Father shall have physical custody of the child for all holidays,
except Christmas (which the parties will share). Father's holidays shall
include Labor Day, Thanksgiving, E~ter Sunday, Spring break, Father's Day,
Memorial Day and Fourth of July.
d. Christmas. The parties shall share the child's Christmas break from school, as
agreed upon by the parties.
e. Such other times as the parties may agree.
4. Transportation shall be provided by the father until the mother obtains or has access to
an automobile. At such time, mother shall provide transportation at the beginning of father's
periods of custody and father shall provide the transportation at the end of his periods of custody.
5. Each party shall have reasonable telephone contact with the child during the periods
when the child is not in the custody of that party.
6. The parties shall keep one another advised of their current address and telephone
number and the names of any individuals with whom they are residing.
7. Mother agrees to inform father of any and all sports or extracurricular activities in
which the child has is participating. Mother agrees to give father at least 24 hours notice of an
event.
8. In the event that either party is need of babysitting services for longer than 8 hours
during their period of custody, the custodial parent shall contact the other parent with the
opportunity to provide care for the child before arranging for a third party to baby sit. In the
event a third party is necessary for babysitting purposes, the custodial parent must inform the
non-custodial of the name and telephone number of the babysitter.
9. Neither party may remove the child from the Commonwealth of Pennsylvania without
the other party's written consent. In the event that either party desires to take the child out of
state on vacation, the party must provide at least seven (7) days written notice, which must
include where the child will be staying and a telephone number where the party may be contacted
in the event of an emergency.
10. The parties shall keep the other advised immediately of any medical care or medical
emergencies concerning the child and shall further take any necessary steps to ensure that the
health and well being of the child is protected. Mother shall ensure that the child has regular
medical check ups, and is current on all immunizations. Mother shall ensure that the child
receives regular dental care, as recommended by the child's dentist.
11. Each party shall be entitled to complete and full information from any doctor, dentist,
teacher or similar authority and have copies of any reports given to them as a parent. Such
documents include, but are not limited to, medical reports, academic and school report cards, and
birth certificates.
12. Neither party shall do anything which may esl~ange the child from the other party, or
injure the opinion of the child as to the other party, or which may hamper the free and natural
development of the child's love or affection for the other party.
13. The parties desire that this Custody Agreement and Order be made an Order of Court
by the Court of Common Pleas of Cumberland County, and further acknowledge that the Court
of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the party's
minor child.
14. The parties may temporarily alter the schedule of physical custody by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
15. Mother has been informed and understands that the Family Law Clinic represents
only Father's interests in this matter. She has been advised that if she wants legal advice on this
matter, she must obtain her own attorney. She understands this and has chosen to proceed
without counsel.
Certified Legal Intern
THOMAS M. PLACE
ROBERT E. I~INS
TERI L. I-I~NNING
Supervising Attorneys
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717)-243-2969
ORDER
AND NOW, this 7 ~'~day of.~&_q..~ 2001, the foregoing Agreement is
approved and entered as an Order of Court.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-03218 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ARMOLT TIMOTHY J SR
VS
CARREY JENNIFER
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
CARREY JENNIFER
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT - CUSTODY
On June 22nd , 2001 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 18.00
out of County 9.00
Surcharge 10.00
DEP DAUPHIN CO 25.50 ~ff of Cumberland County
.00
62.50
06/22/2001
Sworn and subscribed to before me
this /3 ~ day of ~
A.D.
Prothonotary'
]. Daniel Basil¢
Maq,,' Jane Snyder (:hgt'Deputy
Real Estate Deputy
Michael W. Rinehart
William T. Tully Assismm Chief Deputy.'
Solicitor
Dauphin Coumy
Hamslmrg. Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsyivania : ARMOLT TIMOTHY J SR
vs
COUB~ of DsuphiB : CARREY JENNIFER
Sheriff's Return
No. 1473-T - - -2001
OTHER COUNTY NO. 01-3218
AND NOW: June 18, 2001 at 2:04PM served the within
ORDER OF COURT/COMPLAINT FOR CUSTODY/PET upon
CARREY JENNIFER by personally handing
to DAVID RUSSELL, BOYFRIEND 1 true attested copy(ies)
of the original ORDER OF COURT/COMPLAINT FOR CUSTODY/PET and making known
to him/her the contents thereof at 7624 OLD JONESTOWN RD. CABIN #3
HARRISBURG, PA 17112-0000
Sworn and subscribed to So Answers,
~ ~. ( ~,[~...o Sheriff of Dauphin CouBty, Pa.~ ~
PROTHONOTARY By
Deputy Sheriff
Sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
WONG
TIMOTHY J. ARMOLT, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION LAW
: IN CUSTODY
JENNIFER CARREY, :
Defendant :No. ,~t" ' ~/~' c-: :-... .'.::,
PRAECIPE TO PROCF. F~D IN FOR_MA PAUPER.IS : :".
To the Prothonotary.:
Kindly allow Timothy .I. Armolt, Sr., Plaintiff, to proceed in tbrma pauperis....., i'.'.,
I, Derek Clepper, of the Family Law Clinic, Certified Legal lnmrn, tbr the party
proceeding in t'orma pauperis, certify, that I believe the party is unable to pay the costs and that
I am providing free legal service to the party. The party's at'fidavit showing inability to pay
the costs of litigation is attached hereto.
Date:'~f~'/O( .~.~ Clepper rn
Ce~Legal Inte }
T~IO~AS M. PLACE
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Attorneys for Plaintiff
In The Court of Common Pleas of Cumberland County, Pennsylvania
Timothy J. Armolt, Sr.
VS.
Jennifer Carney
No. 01-3218 Civil
Now, 5/30/01 ,20 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriffof Cumberland County, PA
Affidavit of Service
Now, ,20 , at o'clock __ M. served the
within
upon
by handing to
a copy of the original
and made known to the contents thereof.
So answers,
Sheriff of County, PA
COSTS
Swom and subscribed before SERVICE $
me this __ da), of ,20 MILEAGE
AFFIDAVIT
$