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HomeMy WebLinkAbout06-4434SHAWN MAHAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 0 G- 4 4 3 y CIVIL TERM HEATHER TROLINGER, CIVIL ACTION - LAW Defendant IN DR;0RE$AND CUSTODY 1. Plaintiff is the Father, Shawn Mahan, who currently resides at 101 Andrew Court, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant is the Mother, Heather Trolinger, who currently resides at 255 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. The Plaintiff seeks custody of the following child: Name Address DOB Heather K Mahan 255 West Ridge Street, June 8, 1999 Carlisle, Pennsylvania 17013 6. Heather K. Mahan was born out of wedlock. 7. The child in the primary custody of the Defendant, residing at 255 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 8. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Shawn Mahan & Heather Trolinger 1936 A Fry Loop Birth to 2004 Carlisle, PA 17013 Heather Trolinger 255 West Ridge Street 2004 to Present Carlisle, PA 17013 9. The father of the child is Shawn Mahan, who currently resides at 101 Andrew Court, Carlisle, Cumberland County, Pennsylvania 17015. 10. The mother of the child is Heather Trolinger, who currently resides at 255 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 11. The mother and father of the child are not currently married. 12. The relationship of Plaintiff to the child is that of Father. 13. The relationship of Defendant to the child is that of Mother. 14. The Plaintiff currently resides with the following persons: a. His Wife, Tiffany Mahan; b. His Biological Daughter, Lily Mahan (age 2); and c. His Step-Daughter (His Wife's Biological Daughter), Lauren Winters, (age 7). 15. The Plaintiff is currently married to Tiffany Mahan. 16. The Defendant currently resides with the following persons: a. Her Paramour, Jesse Shoemaker; b. Their Biological Son, Zachary Shoemaker, (age 2). 17. The Defendant is currently single. 18. The 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 any other court. 19. The Defendant has participated as a party or witness, in that an investigation was founded by Cumberland County Children and Youth finding sexual assault by Mother's paramour against said child. 20. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 21. The Plaintiff does not know of a person nor 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. 22. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Father will be able to ensure for the child's safety. b. The Father will be able to provide a stable home for the child. C. The child has a psychological bond with the Father. d. The Father can provide for the child both financially and emotionally. e. The Father will continue to maintain and encourage counseling for the child at the Sexual Assault/Rape Crisis Center. f. The Father can immediately provide the child with the basic day to day necessities. g. The Father has made arrangements for the child for daycare. h. The Father and his Wife have two children of their own that will be able to provide support and consolation to this child. i. It is believed and therefore averred that the Mother has placed the child in danger by allowing the said child to continue to have contact with her live-in paramour, Mr. Jesse Shoemaker, who is currently under investigation with the Carlisle Police Department for sexually assaulting the child. j. It is believed and therefore averred that the Mother has placed the child in danger by allowing the said child to continue to have contact with her live-in paramour, Mr. Jesse Shoemaker, after Cumberland County Child and Youth advised that the child was to have no contact with the alleged perpetrator. 23. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. (WHEREFORE, the Plaintiff requests that This Honorable Court grant sole primary physical and legal custody of the child to the Plaintiff/Father. DATE Respectfully submitted, ABOM & KUMLAMS, L.L.P. Y. " I-- Michelle L. Somme Supreme Court ID 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, SHAWN MAHAN, verify that the statements made in this Complaint for Custody 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. Date W-1-06 -i l ky-yr-L SHAWN MAHAN CERTIFICATE OF SERVICE AND NOW, this r_ day of 2006 I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Complaint for Custody, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following. Heather TroHnger 255 [hest Ridge Street Carlisle, PA 17013 Respectfully submitted, Abom & Kutulalds, L.L.P. Michelle L. So er, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 6 V >? ra 'o - O SHAWN MAHAN, Plaintiff V. HEATHER TROLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO. Off' y`r3 CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE JUDGE OF SAID COURT: PETITION FOR SPECIAL RELIEF AND NOW, this 21'SD day of August, 2006, comes the Petitioner, Shawn Mahan, by and through his attorney, Michelle L. Sommer, Esquire, of ABOM & KUTULAKis, L.L.P., and respectfully petitions this Honorable Court to grant Petitioner special relief, and in support thereof avers the following. 1. The petition of Shawn Mahan, Father, respectfully represents that on August 2, 2006, contemporaneously with the filing of the within Petition, a Complaint for Custody is being filed with the Cumberland County courts wherein Father is seeking custody of his daughter, Julie Kaye Mahan, born June 8, 1999. (Copy attached as Exhibit "A'? 2. On or about March or April 2006, Julie revealed to her mother that Mother's boyfriend, Jesse (Bo) Shoemaker, had sexually assaulted her. 3. Mother and her boyfriend had been dating for approximately three (3) years. 2 4. At the time Julie revealed the abuse to her mother, Mother and her boyfriend were broken up and not residing in the same residence. 5. The allegations of sexual abuse were reported to the Carlisle Police Department, and an investigation is ongoing. 6. On May 2, 2006, Julie underwent a Child Abuse Evaluation with the Children's Resource Center at Pinnacle Health at which time she revealed the sexual abuse to Dr. Paula George. 7. Dr. George issued a Child Abuse Interview, Assessment and Summary Report, and stated "Julie's report that the "thumb" was hairy confirms the obvious interpretation of her disclosures, that she was orally penetrated by a male penis, and made to suck on genitalia." (See Children's Resource Center report attached hereto as `Exhibit B?. 8. On June 23, 2006, Father received correspondence from Cumberland County Children and Youth Services that advised that the Child Protective Services (child abuse) investigation is indicated, and the case involving Julie as the victim and Jesse Shoemaker as the alleged perpetrator has been accepted for services. (See June 23, 2006, letter from Children and Youth attached hereto as `Exhibit C?. 3 9. It is believed that Mother was advised by Children and Youth that Jesse (Bo) Shoemaker was to have no contact with Julie. 10. It is believed and therefore averred that Mother is allowing Mr. Shoemaker in their home. 11. It is believed and therefore averred that Mother is allowing Mr. Shoemaker to have contact with Julie in person. 12. It is believed and therefore averred that Mother is allowing Mr. Shoemaker to have contact with Julie via telephone. 13. Approximately two (2) weeks ago, Father observed Mr. Shoemaker having contact with Julie. 14. Father has observed contact between Mr. Shoemaker and Julie approximately five (5) times in the last two (2) weeks. 15. Mother has denied Father any custodial time with Julie. 16. Prior to the filing of the within pleadings, Father exercised custody of Julie on a routine basis. 17. It is believed and therefore averred that it is in the best interest of the child for Father to have sole legal and physical custody in order to cease all contact with the perpetrator of the sexual abuse. 4 18. It is believed and therefore averred that Mother has failed to keep Julie safe from contact with the perpetrator of the sexual abuse. 19. It is believed and therefore averred that it would be in the best interest of the child for Father to have sole physical and legal custody in order to ensure that Julie continues to receive the counseling and care required from the suffering of this trauma. 20. It is believed and therefore averred that it is in the child's best interests for Father to have sole physical and legal custody, and for Mother to only exercise supervised visitation until such a time that she is committed to keeping the child safe from the sexual perpetrator. WHEREFORE, Petitioner prays that This Honorable Court grant his Petition for Special Relief and award him sole physical custody and sole legal custody of the minor child. DATE Respectfully submitted, ABOM& Ku7vrn97s, L.L.P. Michelle L. So er, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner 5 VERIFICATION I, SHAWN MAHAN, verify that the statements made in this Petition for Special Relief are true and correct. 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-L-/-O& JL _ ? SHAWN MAHAN SHAWN MAHAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. CIVIL TERM HEATHER TROLINGER, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before . the conciliator, at , on the day of 2006, at .m., for a Pre-Heating 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 the scheduled Hearing. BY THE COURT, 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 SHAWN MAHAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. CIVIL TERM HEATHER TROLINGER, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY 1. Plaintiff is the Father, Shawn Mahan, who currently resides at 101 Andrew Court, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant is the Mother, Heather Trolinger, who currently resides at 255 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. The Plaintiff seeks custody of the following child: Name Address DOB Heather K. Mahan 255 West Ridge Street, June 8,1999 Carlisle, Pennsylvania 17013 6. Heather K Mahan was bom out of wedlock. 7. The child in the primary custody of the Defendant, residing at 255 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 8. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Die Shawn Mahan& Heather Trolinger 1936 A Fry Loop Birth to 2004 Carlisle, PA 17013 Heather Trolinger 255 West Ridge Street 2004 to Present Carlisle, PA 17013 9. The father of the child is Shawn Mahan, who currently resides at 101 Andrew Court, Carlisle, Cumberland County, Pennsylvania 17015. 10. The mother of the child is Heather Trolinger, who currently resides at 255 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 11. The mother and father of the child are not currently married. 12. The relationship of Plaintiff to the child is that of Father. 13. The relationship of Defendant to the child is that of Mother. 14. The Plaintiff currently resides with the following persons: a. His Wife, Tiffany Mahan; b. His Biological Daughter, Lily Mahan (age 2); and c. His Step-Daughter (His Wife's Biological Daughter), Lauren Winters, (age 7). 15. The Plaintiff is currently married to Tiffany Mahan. 16. The Defendant currently resides with the following persons: a. Her Paramour, Jesse Shoemaker; b. Their Biological Son, Zachary Shoemaker, (age 2). 17. The Defendant is currently single. 18. The 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 any other court. 19. The Defendant has participated as a party or witness, in that an investigation was founded by Cumberland County Children and Youth finding sexual assault by Mother's paramour against said child 20. The Plaintiff has no information of a custody proceeding conceming the child pending in a court of this Commonwealth. 21. The Plaintiff does not know of a person nor 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. 22. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following. a. The Father will be able to ensure for the child's safety. b. The Father will be able to provide a stable home for the child. C. The child has a psychological bond with the Father, d. The Father can provide for the child both financially and emotionally. e. The Father will continue to maintain and encourage counseling for the child at the Sexual Assault/Rape Crisis Center. f. The Father can immediately provide the child with the basic day to day necessities. g. The Father has made arrangements for the child for daycare. h. The Father and his Wife have two children of their own that will be able to provide support and consolation to this child. i. It is believed and therefore averred that the Mother has placed the child in danger by allowing the said child to continue to have contact with her live-in paramour, Mr. Jesse Shoemaker, who is currently under investigation with the Carlisle Police Department for sexually assaulting the child. j. It is believed and therefore averred that the Mother has placed the child in danger by allowing the said child to continue to have contact with her live-in paramour, Mr. Jesse ShoemAet, after Cumberland County Child and Youth advised that the child was to have no contact with the alleged perpetrator. 23. Each parent whose parental tights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that This Honorable Court grant sole primary physical and legal custody of the child to the Plaintiff/Father. DATE Respectfully submitted, ABOM& 1 SUTDLAX7S, L.L.P. I ?(Y-- Michelle L. Somm Supreme Court ID 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney forP1xntif' VERIFICATION I, SHAWN MAHAN, verify that the statements made in this Complaint for Custody are true and correct. 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, -1-o to J? SHAWN MAHAN CERTIFICATE OF SERVICE AND NOW, this -a?- day of 2006 I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, LIT, hereby certify that I did serve a true and correct copy of the foregoing Complaint for Custody, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following. Heather Trolinger 255 West Ridge Street Carlisle, PA 17013 Respectfully submitted, Abom & Kutulals, L.L.P. Michelle L. So er, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 6 7-3r-06; S%36PM;Chtttl Pesource Intr. :782 6601 # 3/ 9 CH%OREN'S RESOURCE CENTER c0Gnmimhy Hem Canter 2845 N, Third Street, W 1W Harriturq, PA 17110 717-782.6800 1-877.643-6018 717-782-6801 -Fa, tsmlpgplnn"healm.orp -Email d? PI NNACLEHEALTH CHILD ABUSE INTERVIEW, ASSESSMENT AND SUMMARY Re: Julie Mahan SS#: 190-78-3570 Date of birth: June 8, 1999 Date of interview: May 2, 2006 Date of dictation: May 3, 2006 INTERVIEW SUMMARY: Julie was interviewed by Lynne Wilson-Bruchet, BA, Child Interview Specialist for the Children's Resource Center. The interview was observed from the viewing station by Detective Ronald Egolf and Detective Brent Driest, Carlisle Police Department, and Audra Hennessey, Cumberland County Children and Youth Services. The interview was video recorded. Julie gave no disclosure of sexual or physical abuse in her interview today. She was visibly shy and reserved with the interviewer. MENTAL HEALTH RECOMMENDATIONS: Julie was accompanied to the interview by her parents, Heather Trolinger and Shawn Mahan. The parents were provided with community resource information. Please see the Medical Provider's Report for additional information. V003M44- Lynne Wilson-Bruchet, BA Child Interview Specialist Electronically Reviewed and Signed NAIK)NAL 05111106 1 Memher ojthe ^?{ CI iILDRENS ALLIANCL T., .? M. SMITH, LS.W., A.04% EKecurA Dlreclor PAULA GEORGE, M.O., F.A.A.P. Medtal Director 7-31-06; 3:36PM;Chl1d Res Ource Cntr. ;762 6601 # 4/ 9 EVENTS LEADING TO JULIE'S EVALUATION TODAY: While Julie was being interviewed, I asked her mother and father what happened leading to Julie's evaluation today, and they told me the following: Approximately ten days ago, on Saturday, April 22, Julie told Ms. Trolinger around 9 or 9:30 p.m., as she got into Ms. Trolinger's bed, that "Boe used to make me suck his big thumb when I was bad". Ms. Trolinger went on to say that Julie reported that she had been blindfolded and the door was shut. The other children were playing elsewhere. Julie stated that minutes were added if she stopped sucking the thumb. She told Ms. Trolinger that Boe's hands held her head. Ms. Trolinger states that she called the police. Julie indicated to Ms. Trolinger that this happened on more than one occasion. I understand from Ms. Trolinger that Boe is a nickname for a man by the name of Jesse Shoemaker. He lived in the home as mother's boyfriend for approximately three years until he moved out approximately two months ago. SOCIAL HISTORY: • Julie lives with her mother Heather Trolinger, age 26, and her half brother Zachary Shoemaker, age 2. • Julie's biological parents have been separated for three years. • There is an informal custody agreement between the parents. • When Julie stays with her father, in that household is her father Shawn Mahan, age 28, her stepmother Tiffany, Tiffany's mother and father, Tiffany's daughter Lauren, age 6, and Tiffany and Shawn's daughter (Julie's half sister) Lilly, age 18 months. • When Julie disobeys or breaks the rules, time out or grounding is used as discipline techniques. Hitting is not used for discipline. • Before the incident for which Julie is being evaluated today, there was never a concern about physical or sexual abuse. Children and Youth has not been involved in the care of this child or any other family member. ADDITIONAL INFORMATION REVIEWED: I reviewed a copy of a visit by Julie with her physician at Dillsburg Family Health Center on October 25, 2005. Julie was seen for vaginal itching. The physician found mild redness and inflammation of the vaginal area with a foul smelling odor. Vaginal culture was done and Julie was treated with Keflex and hygiene maneuvers. ADDITIONAL INFORMATION REVIEWED AFTER EXAMINATION: After the examination, while Julie was still sitting on the examination table and Ms. Trolinger was seated in a chair behind the table, I spoke to Julie. I told Julie that sometimes children are not able to tell Ms. Lynne things that have happened to them but that sometimes they are able to speak with me. I asked Julie if she had anything to say that she didn't tell Ms. Lynne, about something that had happened to her that she didn't like. Julie said she didn't know and shrugged 05/11/06 7-31-06; 3!38PM;Cn d Resource Cntr. ;782 6801 0 6/ 9 her shoulders. I asked her if she had told her mother about something happening that she didn't like, and Julie nodded. I asked her if she could tell me about that, and she shrugged her shoulders and said she didn't know. I asked Julie if she had told her mother about something bad happening to her, and she said she didn't know. At this point, her mother leaned forward and said "Julie, you can tell the doctor anything, you just need to tell her the truth". Ms. Trolinger leaned back out of Julie's sight. I asked Julie if she remembered getting into her mother's bed and talking to her mother a couple of weeks ago, and she nodded. I asked Julie if she had told her mother about something happening to her with a nightgown. Julie's eyes became quite watery and she nodded yes. I asked her if she could tell me about that. Julie started crying with tears running down her cheeks. She said that Boe had tied a nightgown around her eyes. I asked her what happened next. She told me that Boe made her suck his thumb. I asked her what that felt like, and Julie said "it felt hairy and hairs got stuck in my throat". I asked her if this was scary or made her cry, and she said that Boe said if she made any noise he would make her suck longer. I asked her if the thumb felt wet or dry or something else. She said she thought Boe had put some water on the thumb because it was wet. Julie volunteered to me that Boe had told her to keep this secret, but that she told her mother when he was gone. I asked her if Boe told her what would happen if she told the secret, and she said "no". I asked Julie if this happened one time or more than one time, and Julie said "more than one time". I asked her if she knew how many times it had happened, and she held up four fingers. I asked Julie if at any point while she was sucking the thumb, if the blindfold was off and she could see what was happening and she said "no". I asked her if she had ever seen Mr. Boe without some of his clothes on, and she said "no". Aside from the comment that Ms. Trolinger made to Julie about telling the doctor the truth, Ms. Trolinger was quiet and out of vision of Julie during this discussion. SUMMARY: Julie did not disclose to the forensic interviewer events that she had previously reported to her mother. This is not unusual for young children, especially since at the Children's Resource Center the forensic interviewer is not provided with any information concerning the allegations and does a "blind" interview. With directed but non-leading questioning about a nightgown, Julie was able to relate the sexual abuse she allegedly experienced. Julie's report that the "thumb" was hairy confirms the obvious interpretation of her disclosures, that she was orally penetrated by a male penis, and made to suck on genitalia. Julie's disclosures in the context of a physical examination were consistent and clear. Her obvious distress while speaking to me is indicative of the psychological trauma that was inflicted on this child. Oral penetration by an object or by a penis would not be expected to leave physical findings that can be seen on later examination, and Julie's examination today is normal. Any abrasions or 05/11/06 7-31-06: 3:36PM:ChI[d Resource Cntr. :782 6801 * S/ B small tears to the lining of the mouth would heal very quickly. Lack of physical findings does not preclude the disclosures of sexual abuse. MEDICAL PLAN: 1. A copy of the History and Physical portion of this report to Dillsburg Family Practice. 2. Counseling or play therapy may be very helpful for Julie and may need to be repeated in the future, as she becomes older and gains awareness of what has happened to her. 3. Counseling for other family members may be helpful as well. 4. Continued investigation by police and Children and Youth Services and Law Enforcement. 5. The parents will call with any questions or concerns. 6. We will see Julie again if further care or evaluation is required. Pmt- hz Paula George, M.D. Electronically Reviewed and Signed 05/11/06 4 7-31-06; 3%36PM;Cnlld Resource Cntr. CHILDREN'S RESOURCE CENTER CPmmunlry Health Center 2645 N, Third Street, 1St IW HePlswr0, PA 17110 717782-6800 1-877543-5018 717782-6801 -Fex tsm8hainnXeMB8h.or0 -Emall ;782 8801 d"> PINNACLEHEALTH MEDICAL HISTORY AND PHYSICAL EXAMINATION Re: Julie Mahan SS#: 190-78-3570 Date of birth: June 8, 1999 Date of examination: May 2, 2006 Date of dictation: May 2, 2006 We evaluated Julie, age 6 years 11 months, because of concerns about the possibility of abuse. Julie was accompanied by her mother, Heather Trolinger, and her father, Shawn Mahan. PAST MEDICAL HISTORY: Past medical history was reviewed with Ms. Trolinger and Mr. Mahan, and it is as follows: Julie was the 7-pound 1-ounce product of a full-term pregnancy. There were no neonatal problems. Julie had one emergency department visit at approximately 5 years of age for a fall onto her mouth with bleeding. She did not require sutures or other treatment. # 7/ 9 In the fall of 2005, Julie was noted to be rubbing in her private area and complained of itching. She was seen by her primary care physicians at Dillsburg Family Health and had a swab done for possible infection. She was treated with an antibiotic, although Ms. Trolinger says she understands that cultures were negative. There has been no recurrence of this problem. Julie is a first grade student at Moreland Elementary School. She did well in kindergarten. Early on in fast grade in the fall of 2005, she was noted to be quieter than usual and withdrawn. She seems to be doing better now. Julie has never been hospitalized, nor has she experienced any other emergency department visits, surgery or serious illness. She has no chronic illnesses. There is no concern about her exposure to HIV. She has experienced no vaginal or anal itching, discharge, infection or injury, other than as stated above. She has had no vaginal or anal bleeding or pain. She has never Ii M. SMITH, LS.W., A-MW. Eaecutlre 01reala PAULA GEORGE, M.D., FAA. Madcalcimm J ?'n AMeniberof'tde if CHILDRENS ???, ALLIANCE 7-31-06; 3:36RM;Ch1ld RSSOUrCe Cntr. ;782 6801 # 8/ 9 I suffered a straddle injury. She has had no pain or bleeding on urinating or moving her bowels. She has had no constipation requiring the use of suppositories or enemas. Julie has not been experiencing frequent vomiting or abdominal pain. She has no history of convulsions, fainting or loss of consciousness. She has no physical or mental handicaps, or learning or behavioral problems. Julie has not been involved in any motor vehicle accidents, nor has she been hit by or run over by an automobile. Julie has had no broken bones. She and family members do not have a history suggesting brittle bones or bleeding problems. Julie does not yet menstruate. Julie takes children's vitamins on a regular basis. She has no known allergies to medicines, foods, bee stings, or other things. Julie is up to date on her immunizations, including Hepatitis B. PHYSICAL EXAMINATION: I explained the purpose of the examination to Ms. Trolinger and Mr. Mahan, and invited Ms. Trolinger to help Julie prepare for the examination. Julie was shy but cooperative for the examination and was accompanied by her mother throughout. Julie's height is 49 in, and her weight is 54 lb. She appears well developed and well nourished. Skin examination was remarkable for multiple small ecchymoses involving the anterior aspects of both lower legs, consistent with accidental injuries. Neurological examination in brief was normal. HEENT: normocephalic, atraumatic. PERRL, EOMF. Tympanic membranes bilaterally normal. Nares clear. Mouth examination was normal including lingual and labial frenula. Pharynx benign. Heart examination revealed a regular rate and rhythm without murmurs. Lungs were clear to auscultation. Breasts were Tanner 1. Breast examination revealed no abnormalities. Abdominal examination revealed no tenderness, organomegaly or masses. Back examination was normal with a negative scoliosis screen. Node examination revealed no adenopathy. Extremity examination revealed no abnormalities. Genital examination was completed in the supine frog leg position with the use of gross and magnified visualization. 5/11/2006 7-3,-06; 3:36PM;Cn%id Resource Cntr. ;782 6901 A 9/ 9 Pubic hair was Tanner I. Examination of her fossa navicularis, labia majora and minora revealed no discharge, although there was a mild malodor. I was able to clearly visualize Julie's hymen. Her hymen was of a crescentic configuration; its edges were sharp and without clefts. Hymenal vasculature was uniform and normal in appearance. Her fourchette and perineum were normal. Examination of her external anal verge revealed a symmetric regal pattern, normal response to traction and normal sphincter tone. The anogenital examination was documented by video recording, from which photographs can be produced. I obtained oral culture for gonorrhea and chlamydia, perivaginal cultures and amplifications for chlamydia and gonorrhea (these specimens were inadequate, as Julie did not allow me to pass a q-tip past the hymen), and anal culture for chlamydia and gonorrhea. Serologic testing was not ordered. MEDICAL PLAN: 1. A copy of the History and Physical portion of this report to Dillsburg Family Practice. 2. Counseling or play therapy may be very helpful for Julie and may need to be repeated in the future, as she becomes older and gains awareness of what has happened to her. 3. Counseling for other family members may be helpful as well. 4. Continued investigation by police and Children and Youth Services and Law Enforcement. 5. The parents were urged to call with any questions or concerns. 6. We will see Julie again if further care or evaluation is required. P444? j% hD Paula George, M.D. Electronically Reviewed and Signed 5/11/2006 Cumberland County Children & Youth Services a? 914? W-41 Agency Administrator Gery L slwar, M9w. LSW 00mly cmmyawnw 6n owft Eww VW ad?wc n Mr. Shawn Mahan P.O. Box 93 New Bloomfield, PA 17069 Dear Shawn: June 23. 2006 RE: Julie Mahan CPS#: 21.06773 I am writing this letter to advise you that the Child Protective Services (child abuse) investigation concerning your child, Julie Mahan, in which Mr. Jesse Shoemaker was named as the alleged perpetrator, is indicated and your case has bean accepted for services with Cumberland County Children and Youth Services. In the near future, you will be receiving a letter from the Department of Public Welfare which describes this finding in more detail. While your case has been concluded and accepted with the Agency, this does not mean that the criminal investigation being conducted by,Detective Ronald Bgolf of the Carlisle Borough Police Department has been concluded. If you have questions about the criminal case please contact Detective Ronald Egolf directly at (717)243-5252. As we discussed you need to ensure that Julie have no contact with Mr. Shoemaker. I would also strongly encourage you to follow through with counseling for Julie With Hope Comeau at Sexual Assault/Rape Crisis. if you have any questions or require assistance in the future, please feel free to contact the Agency. Thank you for your time and cooperation with this matter. Sincerely, Audra Hennessey CPS Caseworker Suite 200 Human Services Building 16 West High Street Carlisle, PA 17013-2961 (717) 240-6120 (717) 697-0371, flat. 6120 (717) 632-7286, Ext. 6120 b0/00 39Vd H-LnwQIIHo o0 EEV904ZLTL 61:VT 900Z/TE/L0 CERTIFICATE OF SERVICE AND NOW, this day of _ 2006 I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following. Heather Trolinger 255 lest Ridge Street Carlisle, PA 17013 Respectfully submitted, Abom & Kutulakis, L.L.P. 1L Michelle L. So niter, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 6 (1N? 1 C:Y r! ?•• 'n tll \ ? C ?` ?+' ?? -i G ? ( __ .w rE SHAWN MAHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HEATHER TROLINGER, : Defendant NO. 06-4434 CIVIL TERM ORDER OF COURT AND NOW, this P day of August, 2006, upon consideration of Plaintiff's Petition for Special Relief, a hearing is scheduled for Monday, August 21, 2006, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. PENDING the said hearing, Defendant shall not permit Jesse (Bo) Shoemaker to have any contact with the parties' child, Julie K. Mahon, nor shall he be permitted in Defendant's home while the child also has a residence there. Michelle L. Sommer, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Heather Trolinger 255 West Ridge Street Carlisle, PA 17013 Defendant, pro Se i1ruN-li''L ff;03.OG ,L?tsr :rc BY THE COURT, 'r? ? v ? c -? , o ? r' - a ? ;'? i i ' SHAWN MAHAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-4434 CIVIL ACTION LAW HEATHER TROLINGER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday August 04, 2006 , 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 01, 2006 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. 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. Custody Conciliator Ws" 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 VWAWNNga €s :zi Wa c- Ona sour V. 'W'ONOHI%r AO SHAWN MAHAN, Plaintiff V. HEATHER TROLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO. 06-4434 CIVIL ACTION - LAW IN CUSTODY AND NOW, this 21" day of August, 2006, comes the Petitioner, Shawn Mahan, by and through his counsel, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and files this Petition for Contempt and in support thereof avers the following. 1. Petitioner is Shawn Mahan, who was the Plaintiff in the above captioned action between the parties. 2. Respondent is Heather Trolinger who was the Defendant in that action. 3. On or about August 3, 2006, This Honorable Court entered a Court Order on a Petition for Special Relief. A true and correct copy of the Order of Court is attached hereto as Exhibit A. 4. Respondent's obligations under This Court's Order have not, to date, been met in full. 5. Respondent is in Contempt of Court for willfully failing to comply with the Order of Court dated August 3, 2006, in that: i. Respondent has continued to permit Jesse (Bo) Shoemaker to have contact with Julie K. Mahan and } ti ii. Respondent was seen with Jesse (Bo) Shoemaker as recently as August 17, 2006, in her vehicle with Julie in the rear seat of this vehicle. 6. Respondent has had the ability to comply with the relevant provisions of the Order of Court but has willfully failed to do so. 7. Respondent's breach of the terms of the Agreement is the sole reason Petitioner had to file this petition for enforcement. 8. Petitioner has incurred attorney's fees and costs in connection with the preparation and pursuit of this petition and respondent should be held responsible for said costs. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order finding Respondent in Contempt of Court and directing Respondent to immediately comply with This Honorable Court's Order, plus pay Petitioner's counsel fees and costs. Respectfully submitted, ABom & KUTULA"S, L.L.P. 1 1 Michelle L. So er, Esquire Attorney I.D No.: 930344 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner SHAWN MAHAN, IN THE COURT OF COMMON PLt AZT, Plaintiff CUMBERLAND COUNTY, PENNSYLV. V. CIVIL ACTION - LAW HEATHER TROLINGER, : Defendant NO. 06-4434 CIVIL TERM ORDER OF COURT AUG 0 4 ?4 AND NOW, this 3`d day of August, 2006, upon consideration of Plaintiff's Petition for Special Relief, a hearing is scheduled for Monday, August 21, 2006, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. PENDING the said hearing, Defendant shall not permit Jesse (Bo) Shoemaker to have any contact with the parties' child, Julie K. Mahon, nor shall he be permitted in Defendant's home while the child also has a residence there. Mi elle L. Sommer, Esq. South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Heather Trolinger 255 West Ridge Street Carlisle, PA 17013 Defendant, pro Se :rc TRUE COPY FROM RECORV in Teerimory whereof, I hen wMo eet my head and the eed of Bald CV at GrNNe. Pa. : 14" t- FAie`3 ay BY THE COURT, SHAWN MAHAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA DOCKET NO. 06-4434 HEATHER TROLINGER, : CIVIL ACTION - LAW Defendant . IN CUSTODY . . C .RTIFICAT .O S EM AND NOW, this 21" day of August, 2006, I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR CIVIL CONTEMPT upon counsel of record via fax, addressed as follows: Leslie Tomeo, Esquire Rominger & VA=e 155 South Hanover Street Carlisle, Pennsylvania 17013 ABOM & KUTULASIS, L.L,P. Michelle L. Sommer, Esquire Attorney I.D No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner ? w G m /mob o ryr .` MP , t N o ? . a 7C: F P w SHAWN MAHAN, Plaintiff v. HEATHER TROLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : DOCKET NO. 06-4434 : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR TRIAL TRANSCRIPT AND NOW, this 23rd day of August, 2006, comes the petitioner, Shawn Mahan, by and through his attorney, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, LLP, and files this Petition for Trial Transcript as follows: 1. Petitioner appeared before This Honorable Court on August 21, 2006, on a Petition for Special Relief and a Petition for Contempt. 2. A Pre-Hearing Custody Conference is scheduled for September 1, 2006. 3. Undersigned counsel is requesting a copy of the transcript in preparation for the conciliation conference. 4. This Honorable Court specifically indicated that the Order of Court pursuant to the Petition for Special Relief is only in effect until the conciliation conference scheduled for September 1, 2006. 5. A copy of the trial transcript is necessary counsel to proceed in representing the Petitioner in his Complaint for Custody. WHEREFORE, the Petitioner respectfully requests that This Honorable Court order that a Trial Transcript be provided to the Petitioner's counsel in an expedited manner. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Carlisle, PA 17013 (717) 279-0900 Attorney for Petitioner Attorney I.D. No. 93034 36 South Hanover Street . N. N Q ?t° 3 V 1 V Shawn Mahan, V. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 06-4434 CIVIL ACTION - LAW IN CUSTODY Heather Trolinger, Defendant DEFENDANT'S EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Heather Trolinger, by and through her Attorney, Leslie A. Tomeo, Esquire and in support of the within Petition for Special Relief avers as follows: 1. Petitioner/Defendant is Heather Trolinger, who resides at 255 West Ridge Street, Carlisle, PA 17013. 2. Respondent/Plaintiff is Shawn Mahan, who resides at 101 Andrew Court, Carlisle, Pa 17013. 3. The minor child in question is Julie K. Mahan, age 7, date of birth June 8, 1999. 4. On August 21, 2006 a Special Relief Hearing was held in front of the Honorable Wesley Oler, Jr. A Custody Order (attached hereto as Exhibit "A"), was entered whereby Respondent/Plaintiff was awarded primary physical custody with partial custody/supervised visitation awarded to Mother. 5. Respondent's attorney has indicated that since the Honorable Judge is giving the Respondent custody of said child during the week that school starts, that he meant for the Respondent to enroll the child at the school in his district. 6. Petitioner has already enrolled the child at Mooreland Elementary, where she has been attending while in Petitioner's care. 7. Petitioner believes the change in care and schooling will be too traumatic on said child. 8. The start date for Mooreland Elementary is Monday, August 28, 2006 WHEREFORE, Petitioner respectfully requests this Honorable Court to Order that the child, Julie K. Mahan attend her current school district, Mooreland Elementary. Respectfully submitted, ROMINGER & WHARE /' /-,-? /- u g 2-y 2 ca Leslie A. Tomeo, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID# 200198 Attorney for Petitioner/Defendant Shawn Mahan, V. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 064434 CIVIL ACTION - LAW IN CUSTODY Heather Trolinger, Defendant CERTIFICATE OF SERVICE. I, Leslie A. Tomeo, Esquire, attorney for Petitioner do hereby certify that I this day served a copy of the within Emergency Petition for Special Relief upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michelle L. Sommer, Esq. 36 South Hanover Street Carlisle, Pa 17013 Dated: A, Z D Z-• '?- 6 4_,,- Leslie A. Tomeo, Esquire Attorney for Petitioner/Defendant SHAWN MAHAN, IN THE COURT OF COMMON PLEAb Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 06-4434 CIVIL TERM CIVIL ACTION - LAW HEATHER TROLINGER, Defendant IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 21st day of August, 2006, upon consideration of Plaintiff's Petition for Special Relief, and following a hearing held on this date at No. 06-4434 Civil Term, with respect to custody of the parties' child, Julie K. Mahan, the petition is granted to the extent that legal custody of the child shall be shared by the parties, and physical custody of the child shall likewise be shared by the parties on an alternating weekly basis, with the Father's first period of physical custody to commence on Friday, August 25, at 7:30 p.m. The Mother's period of physical custody shall be with supervision, and the supervising adult shall be the maternal grandmother of the child. This order shall remain in effect pending the conciliation conference scheduled for September 1, 2006, and the no-contact provision between the child and Jesse (Bo) Shoemaker shall also remain in full force and effect pending the conference. Exhibit "A" Michelle L. Sommer, Esquire 36 South Hanover Street Carlisle, PA 17013 For Plaintiff Le lie Tomeo, Esquire t,?'55 S. Hanover Street Carlisle, PA 17013 For Defendant :mae By the Court, any hand es n 0 C f7 rv ? o Z- r ti SHAWN MAHAN, Plaintiff V. HEATHER TROLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO. 06-4434 CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE JUDGE OF SAID COURT: ANSWER TO 'S EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes the Respondent, Shawn Mahan, by and through his counsel, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and files this Answer to Defendant's Emergency Petition for Special Relief, and in support thereof, avers as follows: 1. It is admitted that Petitioner in this action is Defendant, Heather Trolinger, hereinafter "Mother", an adult individual currently residing at 255 West Ridge Street, Carlisle, Cumberland County, Pennsylvania. 2. It is admitted that Respondent in this action is Plaintiff, Shawn Mahan, hereinafter "Father", an adult individual currently residing at 101 Andrew Court, Carlisle, Cumberland County, Pennsylvania. 3. It is admitted that the parties are the natural parents of one (1) child, namely Julie K. Mahan, born June 8, 1999, currently 7 years old. 4. Admitted. By way of further answer, Mother has failed to exercise custody of minor child during her partial custody/ supervised visitation week. Respondent believes that Mother will continue her relationship and contact with the perpetrator, Mr. Jesse (Bo) Shoemaker, since he was able to make bail and is awaiting formal arraignment; therefore, Father believes that the child requires a stable home free from any fear of abuse. 5. Admitted. By way of further answer, Respondent believes that the minor child needs a stable residence and a stable parent to start the school year and Mother was only granted custody with total supervision. 6. Admitted. By way of further answer, minor child is also currently enrolled in the South Middleton School District, specifically the W.G. Rice Elementary School. 7. Denied. It is specifically denied that a change in care and schooling will be too traumatic on the minor child. By way of further answer, the minor child is quite excited about attenting W.G. Rice Elementary School with her step-sister, Lauren, as she will most likely be in the same grade as her sister. 8. Admitted. By way of further answer, the start date for W.G. Rice Elementary School is Tuesday, August 29, 2006. WHEREFORE, Father prays This Honorable Court deny Mother's Petition. Respectfully submitted, ABOM & KUTULAKMS, L.L.P. LIAO Michelle L. So er, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintifl Respondent I, SHAWN MAHAN, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and 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. Date A SHAWN MAHAN SHAWN MAHAN, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO. 06-4434 HEATHER TROLINGER, : CIVIL ACTION - LAW Defendant . IN CUSTODY CERTIFICATE OF SERVICE I, Michelle L. Sommer, Esquire, attorney for Respondent do hereby certify that I this day served a copy of the Emergency Petition for Special Relief upon the following by depositing in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Leslie A. Tomeo, Esquire Rominger & Whare 155 South Hanover Street Carlisle, Pennsylvania, 17103 Attorney for the Petitioner Date 9??bjocv 64a a Michelle L. Sommer,/Esquire Attorney for the Respondent/Plaintiff C- c7 C5 p -n -T? t;? M- ni rte= CA pp [?? ?5m w -? t 1 SHAWN MAHAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 06-4434 CIVIL TERM CIVIL ACTION - LAW HEATHER TROLINGER, Defendant IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 21st day of August, 2006, upon consideration of Plaintiff's Petition for Special Relief, and following a hearing held on this date at No. 06-4434 Civil Term, with respect to custody of the parties' child, Julie K. Mahan, the petition is granted to the extent that legal custody of the child shall be shared by the parties, and physical custody of the child shall likewise be shared by the parties on an alternating weekly basis, with the Father's first period of physical custody to commence on Friday, August 25, at 7:30 p.m. The Mother's period of physical custody shall be with supervision, and the supervising adult shall be the maternal grandmother of the child. This order shall remain in effect pending the conciliation conference scheduled for September 1, 2006, and the no-contact provision between the child and Jesse (Bo) Shoemaker shall also remain in full force and effect pending the conference. t -. By the Court, /Michelle L. Sommer, Esquire 36 South Hanover Street Carlisle, PA 17013 For Plaintiff eslie Tomeo, Esquire 155 S. Hanover Street Carlisle, PA 17013 For Defendant :mae J 0 P? flop v? cc ol? r' ` SHAWN MAHAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 06-4434 CIVIL TERM CIVIL ACTION - LAW HEATHER TROLINGER, Defendant IN CUSTODY IN RE: CONTEMPT ORDER OF COURT AND NOW, this 21st day of August, 2006, upon consideration of the Petition for Contempt filed in the above-captioned matter at No. 06-4434 Civil Term, and following a hearing, and the Court employing the five-step contempt process, the Court finds that the evidence produced at the hearing on today's date is sufficient to support a citation for contempt, and the Defendant is hereby cited for contempt. The second hearing in the five-step contempt process is scheduled for Monday, December 4, 2006, at 9:30 a.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. A?0 3 By the Court, Ai.sley-01 J. Michelle L. Sommer, Esquire 36 South Hanover Street Carlisle, PA 17013 For Plaintiff Leslie Tomeo, Esquire 155 S. Hanover Street Carlisle, PA 17013 For Defendant :mae col tiro P leo? Of pcl `?? co SHAWN MAHAN, Plaintiff V. HEATHER TROLINGER, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4434 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 25fl' day of August, 2006, upon consideration of Defendant's Emergency Petition for Special Relief, and of Plaintiff's Answer to Defendant's Emergency Petition for Special Relief, the prior order of court dated August 21, 2006, in the above matter, is hereby amended to add the following paragraph: NOTHING HEREIN is intended to authorize a change in the child's school. BY THE COURT, ,.Achelle L. Sommer, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Zesl ie Tomeo, Esq. 155 S. Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc Vf; AWISPJ"N7d Atfd;?C;" r ? -rl•'vfl? S6 :01 [IV SZ OR HE AUVICNONKviM 3Hl JO TOILH 1-{ 31Y SHAWN MAHAN, Plaintiff V. HEATHER TROLINGER, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4434 CIVIL TERM ORDER OF COURT AND NOW, this 29`" day of August, 2006, upon consideration of Plaintiff's Petition for Trial Transcript, the stenographer not having enough time to prepare the transcript by August 30, 2006, the petition is denied. ,,IGlichelle L. Sommer, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff V,f?eslie Tomeo, Esq. 155 S. Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc (DID? BY THE COURT, / V 7, Z .01 NV 00 9f]V 9002 AHVIOi qOH U" d 3H130 3'1L'?Cr-Q3ll?l ti 3E:P 0 b 2006 SHAWN MAHAN, IN THE COURT OF CO ?1S OF _ Plaintiff CUMBERLAND COUNTY, PENNSYLVANI v : NO. 06-4434 CIVIL ACTION - LAW HEATHER TROLINGER, IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of September, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court entered in this case are vacated. 2. The Father, Shawn Mahan, and the Mother, Heather Trolinger, shall enjoy shared legal custody of Julie K. Mahan born June 8, 1999. 3. Physical custody shall be handled with Mother having custody of the minor child every Friday afternoon at approximately 3:30 through Sunday at noon. Father shall deliver the minor child to the Maternal Grandmother's home on Friday afternoon and Father shall pick the child up at the Maternal Grandmother's home at noon on Sunday. Mother's periods of time with the minor child shall be supervised by the Maternal Grandmother. Father shall enjoy physical custody of the minor child from Sunday at noon through Friday at 3:30. 4. The parties may modify this custody schedule by agreement of the parties. Absent any agreement, this schedule shall control. 5. The parties shall meet again with the Custody Conciliator on Thursday, November 2, 2006 at 10:30 a.m. At this conciliation conference, the parties shall discuss how the custody arrangement has been working and determine a current status of the criminal charges against the Mother's boyfriend. Both parties reserve the right to assert a different position at this conciliation conference and to request that the case be scheduled with the Judge for a hearing on the merits at which both parties may assert a claim for primary custody. 6. The child shall remain attending school at the Mooreland School District. RV TMTi'. CnITRT c: lie A. Tomeo Esquire 4ichelle L. Sommer, Esquire A d y l, i , ,r ?. i i , t'L [[ i SHAWN MAHAN, Plaintiff v HEATHER TROLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 064434 CIVIL ACTION - LAW : IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Julie K. Mahan, born June 8,1999 2. A Conciliation Conference was held on September 1, 2006 with the following individuals in attendance: The Mother, Heather Trolinger, with her counsel, Leslie A. Tomeo, Esquire The Father, Shawn Mahan, with his counsel, Michelle Sommer, Esquire Also present was the Maternal Grandmother, Mrs. Deb Morrow 3. This is a rather involved case where there are serious criminal charges pending against Mother's former live-in boyfriend which involve a sexual abuse against the child in question. The case has been before the Court on a number of times and the Court has ordered a 50/50 custody situation at this time but Mother's custody would be supervised visitation. However, the Maternal Grandmother, who provides the supervised visitation, was at the conciliation and the Conciliator questioned her with respect to her potential involvement in actually providing meaningful supervised visitation for the Mother. Based upon that discussion, the Conciliator is recommending that the custody Order be modified such that the parties continue to have shared legal custody but that Mother's periods of custody will be on Fridays through Sundays which is better for her work schedule and better for the Maternal Grandmother to provide supervised visitation. 4. There is an issue with respect to where the child will continue in school and the Conciliator will consult with the Court on that matter. 5. Based upon the above, the Conciliator recommends an Order in the form as attached. Date: September 1c, , 2006 4ubertX. y, Esquire iator ?A .a NOV 1 5 2006 SHAWN MAHAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 06-4434 CIVIL ACTION - LAW HEATHER TROLINGER, IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of November, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered that this Court's prior Order of September 8, 2006 is vacated and the following new Order is entered: 1. The Father, Shawn Mahan, and the Mother, Heather Trolinger, shall enjoy shared legal custody of Julie K. Mahan born June 8, 1999. 2. The father shall enjoy primary physical custody of the minor child. 3. The mother shall enjoy physical custody of the minor child every Friday from when she is off work until 9:00 p.m. and every Saturday from when she is off work until 9:00 p.m. Mother shall pick up the child either at work or father's home on Friday and Saturday and father shall pick up the child at mother's home on Friday and Saturday evening unless other arrangements are made by the parties. 4. Father may enroll the child in the South Middleton School District for school attendance. 5. Under no circumstances shall the mother allow the child to have any contact with Jesse Shoemaker. 6. The father shall insure that mother has a telephone number whereby she may maintain reasonable telephone contact with the minor child when the child is in father's custody. Additionally, father shall provide mother with all appropriate information concerning the schooling of the child to include report cards, notice of parent/teacher conferences and similar matters. 7. Once circumstances change and are solidified relative to the issues in this case, counsel for either party may contact the Conciliator directly to schedule another Conciliation Conference. BY THE J esley Oler, Jr.; cc: Leslie A. Tomeo Esquire Michelle L. Sommer, Esquire 7.0G xz,Jzx,:, m? //- /41, . S0 :i !ICJ 1 I r`,f:N JO0Z 5a?-? SHAWN MAHAN, Plaintiff v HEATHER TROLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4434 CIVIL ACTION - LAW IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Julie K. Mahan, born June 8, 1999 2. A Conciliation Conference was held on November 2, 2006 with the following individuals in attendance: The Mother, Heather Trolinger, with her counsel, Leslie A. Tomeo, Esquire and the Father, Shawn Mahan, with his counsel, Michelle Sommer, Esquire. 3. The prior Order provided mother having supervised visitation with the maternal grandmother acting as the supervisor. However, the grandmother appeared at the Conciliation Conference and indicated that she was not willing to continue in that capacity because of some problems she observed with both parents and how they were handling the situation. Accordingly, the supervised arrangement as per the prior Order is no longer feasible. 4. Mother works at Cracker Barrel and starts early in the morning and is usually off by 3:00 p.m. This work schedule runs from Wednesday through Sunday. Recognizing the concern of mother in the past having exposed the child to Jesse Shoemaker and the fact that there are still pending criminal charges against Mr. Shoemaker related to allegations of sexual abuse involving this child, the Court should continue some provision to insure that there is no contact between Mr. Shoemaker and the child. 4 The attached Order will address that issue with the recommended modifications to schedule. There is also an issue as to where the child should attend school. The mother resides in the Mooreland School District. In a conference with the Court in chambers, the Conciliator was advised that Court was inclined to keep the child in the Mooreland School District even though the father has primary custody during the school week. Since the prior Order was entered, the School District has written to the father that he must pay tuition of $7,200.00 in order to keep the child in the Mooreland School District. In light of that fact, the Conciliator recommends the father have the ability to enroll the child in South Middleton. 5. The Conciliator recommends an Order in the form as attached. Date: November 2006 Hubert . Gilroy, Esquire Custody Conciliator 4 > s SHAWN MAHAN, Plaintiff V. HEATHER TROLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 06-4434 CIVIL ACTION - LAW IN CUSTODY TO THE JUDGE OF SAID COURT, HONORABLE J. WESLEY OLER, JR.: AND NOW, comes the above named Plaintiff, SHAWN MAHAN, by and through his attorneys, Abom & Kutulakis, L.L.P., and Michelle L. Sommer, Esquire, wish to withdraw this Petition for Civil Contempt that was filed with the Cumberland County Prothonotary against the above-named Defendant, Heather Trolinger, on August 21, 2006. DATE 19 Respectfully submitted, ABOM & KUTULASIS, LLP Michelle L. Sommer, squire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for the Plaintff CERTIFICATE OF SERVICE AND NOW, this 1" day of December 2006, I, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Withdraw Petition for Civil Contempt by depositing, or causing to be deposited, same via Facsimile and via United States Mail, Regular First-Class, Postage prepaid addressed to the following: Leslie Tomeo, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 Attorney for the Defendant DATE O? U l? T Respectfully submitted, AaOM&KUTULAMS, LLP An"d' WIMO Michelle L. Somm squire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for the Plaintf co ? cA.? SHAWN MAHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HEATHER TROLINGER, : Defendant NO. 06-4434 CIVIL TERM ORDER OF COURT AND NOW, this I" day of December, 2006, upon consideration of the Praecipe To Withdraw Petition for Civil Contempt filed in the above matter on December 1, 2006, the hearing scheduled for December 4, 2006, is cancelled. BY THE COURT, ichelle L. Sommer, Esq. 36 South Hanover Street Carlisle, PA 17013 Zeslie ey for Plaintiff Tomeo, Esq. 1 155 S. Hanover Street Carlisle, PA 17013 Attorney for Defendant rc J D? O? rf4i no Of 0 .Z 14d ! - 030 90OZ AMGNOHi Od'd 3Hl 44 ?OP,4CI-0311J -ABOM & LITULAKIS Michelle L Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 SHAWN MAHAN, . Plaintiff V. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-4434 CIVIL TERM HEATHER TROLINGER, : CIVIL ACTION - LAW Defendant . IN CUSTODY TO THE HONORABLE JUDGE, J. WESLEY OLER, JR.: PETITION FOR SPECIAL RELIEF AND NOW, this 27`x' day of June, 2007, comes the Petitioner, Shawn Mahan, by and through his attorney, Michelle L. Sommer, Esquire, of ABom & KUTULAKIS, L.L.P., and respectfully petitions this Honorable Court to grant Petitioner special relief, and in support thereof avers the following: 1. A Complaint for Custody and Petition for Special Relief were filed on August 2, 2006 by Petitioner, Shawn Mahan. (See attached Exhibit A and Exhibit B.) 2. On or about March or April 2006, Julie revealed to her mother that Mother's boyfriend, Jesse (Bo) Shoemaker, had sexually assaulted her. 2 3. The allegations of sexual abuse were reported to the Carlisle Police Department and an investigation was pending at that time. 4. On May 2, 2006, Julie underwent a Child Abuse Evaluation with the Children's Resource Center at Pinnacle Health at which time she revealed the sexual abuse to Dr. Paula George. 5. Dr. George issued a Child Abuse Interview, Assessment and Summary Report, and stated "Julie's report that the "thumb" was hairy confirms the obvious interpretation of her disclosures, that she was orally penetrated by a male penis, and made to suck on genitalia." 6. Pending said Special Relief hearing scheduled for August 21, 2006 an Order was entered on August 3, 2006 that Jesse (Bo) Shoemaker have no contact with the parties' child, Julie K. Mahan, nor shall he be permitted in the Defendant's home while the child also has a residence there. (See Attached Exhibit C.) 7. On August 21, 2006 an Order was entered granting shared legal and physical custody of the child with Mother's periods of physical custody to be supervised by the maternal grandmother of the child. This Order was in effect pending the conciliation conference scheduled for September 1, 2006 and the no-contact provision between the child and Jesse (Bo) 3 R _- Shoemaker shall also remain in full force and effect pending the conference. (See Attached Exhibit D.) 8. At the conciliation conference held on September 1, 2006, an Order was issued on September 8, 2006 which directed that the parties share legal custody with father to have primary physical custody. Mother was granted partial physical custody on the weekends, however, it was still to be supervised by the maternal grandmother of the child. A future custody conciliation was scheduled for November 2, 2006 due to pending criminal charges against the Mother's boyfriend. (See Attached Exhibit E.) 9. At said custody conciliation Mother, Heather Trolinger, vehemently denied that she and Jesse (Bo) Shoemaker resided together. 10. At the conciliation conference held on November 25 20065 an Order was entered November 165 2007 which directed that mother was allowed to have unsupervised visits with the child for four hours every Friday and Saturday evening. However, under no circumstances shall the mother allow the child to have any contact with Jesse (Bo) Shoemaker. (See Attached Exhibit F.) 11. At said custody conciliation Mother, Heather Trolinger, again vehemently denied that she and Jesse (Bo) Shoemaker resided together. 4 12. On April 30, 2007 Defendant, Heather Trolinger, gave birth to her second child with Jesse (Bo) Shoemaker. 13. It is believed and therefore averred that since the Summer of 2006 Jesse (Bo) Shoemaker has resided with the Mother, Heather Trolinger, at her residence where the partial physical custody of Julie Mahan takes place. 14. Jesse (Bo) Shoemaker's criminal trial regarding the sexual assault of Julie Mahan was scheduled to take place during the June 2007 criminal trial term. 15. Julie had revealed to her counselor, Hope Comeau, on or about March 15, 2007 that the incident never happened between her and Mr. Shoemaker. When asked about it further she stated that her Mother had told her that "if she told the truth Bo would go to jail for five years and her mommy didn't want that to happen." 16. Assistant District Attorney Jamie Keating had a final interview with Julie Mahan prior to trial to review her testimony. Detective Ronald Egolf of the Carlisle Police Department was also present. At said interview Julie revealed that her mother had been "coaching" her to tell a different story. Julie admitted to ADA Keating and Detective Egolf that she knows the 5 difference between the truth and a he and that her mother had been wanting her to lie about what Mr. Shoemaker had done to her. 17. It is believed and therefore averred if mother continues to have visitation with her daughter, Julie, she will unduly influence her memory of the actual events regarding the sexual assault. 18. It is believed and therefore averred that if mother is successful and if Julie suddenly changes her testimony, Jesse (Bo) Shoemaker could be found not guilty and as a result the Order of August 3, 2006 could be lifted allowing him to reside in the home while Julie is present. 19. It is believed and therefore averred if Jesse (Bo) Shoemaker is found not guilty, Mother will seek further periods of physical custody of Julie putting her at risk of a future sexual assault. WHEREFORE, Plaintiff, Shawn Mahan, respectfully requests that this Honorable Court grant him primary physical custody until the trial of Jesse (Bo) Shoemaker is concluded and Julie K. Mahan's testimony is complete. And that the child have no contact whatsoever with Jesse (Bo) Shoemaker. IN THE ALTERNATIVE, Father is granted primary physical custody and Mother is given three (3) hours of supervised custody per week at Cumberland 6 County Children and Youth. And that the child have no contact whatsoever with Jesse (Bo) Shoemaker. DATE (A.%vq Respectfully submitted, ABOM & KUTVr.AJUS, L.L.P. Michelle L. So er, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner 7 I I, SHAWN MAHAN, verify that the statements made in this Petition for Special Relief are true and correct to the best of my knowledge, information, and 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. Date SHAWN MAHAN SHAWN MAHAN, Plaintiff V. HEATHER TROLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPL.ATNT 1. Plaintiff is the Father, Shawn Mahan, who currently resides at 101 Andrew Court, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant is the Mother, Heather Trolinger, who currently resides at 255 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. c0 TNT I - CUSTODY 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. The Plaintiff seeks custody of the following child: Name Address DOB Heather K. Mahan 255 West Ridge Street, June 8, 1999 Carlisle, Pennsylvania 17013 6. Heather K. Mahan was born out of wedlock. 7. The child in the primary custody of the Defendant, residing at 255 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 8. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Shawn Mahan & Heather Trolinger 1936 A Fry Loop Birth to 2004 Carlisle, PA 17013 Heather Trolinger 255 West Ridge Street 2004 to Present Carlisle, PA 17013 9. The father of the child is Shawn Mahan, who currently resides at 101 Andrew Court, Carlisle, Cumberland County, Pennsylvania 17015. 10. The mother of the child is Heather Trolinger, who currently resides at 255 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 11. The mother and father of the child are not currently married. 12. The relationship of Plaintiff to the child is that of Father. 13. The relationship of Defendant to the child is that of Mother. 14. The Plaintiff currently resides with the following persons: a. His Wife, Tiffany Mahan; b. His Biological Daughter, Lily Mahan (age 2); and c. His Step-Daughter (His Wife's Biological Daughter), Lauren Winters, (age 7). 15. The Plaintiff is currently married to Tiffany Mahan. 16. The Defendant currently resides with the following persons: a. Her Paramour, Jesse Shoemaker; b. Their Biological Son, Zachary Shoemaker, (age 2). 17. The Defendant is currently single. 18. The 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 any other court. 19. The Defendant has participated as a party or witness, in that an investigation was founded by Cumberland County Children and Youth finding sexual assault by Mother's paramour against said child. 20. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 21. The Plaintiff does not know of a 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. 22. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Father will be able to ensure for the child's safety. b. The Father will be able to provide a stable home for the child. C. The child has a psychological bond with the Father. d. The Father can provide for the child both financially and emotionally. e. The Father will continue to maintain and encourage counseling for the child at the Sexual Assault/Rape Crisis Center. f. The Father can immediately provide the child with the basic day to day necessities. g. The Father has made arrangements for the child for daycare. h. The Father and his Wife have two children of their own that will be able to provide support and consolation to this child. i. It is believed and therefore averred that the Mother has placed the child in danger by allowing the said child to continue to have contact with her live-in paramour, Mr. Jesse Shoemaker, who is currently under investigation with the Carlisle Police Department for sexually assaulting the child. j. It is believed and therefore averred that the Mother has placed the child in danger by allowing the said child to continue to have contact with her live-in paramour, Mr. Jesse Shoemaker, after Cumberland County Child and Youth advised that the child was to have no contact with the alleged perpetrator. 23. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that This Honorable Court grant sole primary physical and legal custody of the child to the Plaintiff/Father. Respectfully submitted, DATE ABOM & KUTUM"s, L.L.P. I v Michelle L. Somme Supreme Court ID 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaint T ? VERIFICATION I, SHAWN MAHAN, verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date 14?w SHAWN MAHAN CERTIFICATE OF SERVICE AND NOW, this day of - 2006 I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, LIT, hereby certify that I did serve a true and correct copy of the foregoing Complaint for Custody, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Heather Trolrnger 255 West Ridge Street Carlisle, PA 17013 Respectfully submitted, Abom & Kutulakrs, L.L.P. Michelle L. So er, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 6 SHAWN MAHAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. DOCKET NO. Dry - 44:- HEATHER TROLINGER, CIVIL ACTION - LAW Defendant IN CUSTODY TO THE HONORABLE JUDGE OF SAID COURT: PETITION FOR SPECIAL RELIEF AND NOW, this 2ND day of August, 2006, comes the Petitioner, Shawn Mahan, by and through his attorney, Michelle L. Sommer, Esquire, of ABOM & KUTULAKis, L.L.P., and respectfully petitions this Honorable Court to grant Petitioner special relief, and in support thereof avers the following: 1. The petition of Shawn Mahan, Father, respectfully represents that on August 2, 2006, contemporaneously with the filing of the within Petition, a Complaint for Custody is being filed with the Cumberland County courts wherein Father is seeking custody of his daughter, Julie Kaye Mahan, born June 85 1999. (Copy attached as Exhibit "A'?. 2. On or about March or April 2006, Julie revealed to her mother that Mother's boyfriend, Jesse (Bo) Shoemaker, had sexually assaulted her. 3. Mother and her boyfriend had been dating for approximately three (3) years. 2 4. At the time Julie revealed the abuse to her mother, Mother and her boyfriend were broken up and not residing in the same residence. 5. The allegations of sexual abuse were reported to the Carlisle Police Department, and an investigation is ongoing. 6. On May 2, 2006, Julie underwent a Child Abuse Evaluation with the Children's Resource Center at Pinnacle Health at which time she revealed the sexual abuse to Dr. Paula George. 7. Dr. George issued a Child Abuse Interview, Assessment and Summary Report, and stated "Julie's report that the "thumb" was hairy confirms the obvious interpretation of her disclosures, that she was orally penetrated by a male penis, and made to suck on genitalia." (See Children's Resource Center report attached hereto as `Exhibit B?. 8. On June 23, 2006, Father received correspondence from Cumberland County Children and Youth Services that advised that the Child Protective Services (child abuse) investigation is indicated, and the case involving Julie as the victim and Jesse Shoemaker as the alleged perpetrator has been accepted for services. (See June 23, 2006, letter from Children and Youth attached hereto as `Exhibit C'). 3 9. It is believed that Mother was advised by Children and Youth that Jesse (Bo) Shoemaker was to have no contact with Julie. 10. It is believed and therefore averred that Mother is allowing Mr. Shoemaker in their home. 11. It is believed and therefore averred that Mother is allowing Mr. Shoemaker to have contact with Julie in person. 12. It is believed and therefore averred that Mother is allowing Mr. Shoemaker to have contact with Julie via telephone. 13. Approximately two (2) weeks ago, Father observed Mr. Shoemaker having contact with Julie. 14. Father has observed contact between Mr. Shoemaker and Julie approximately five (5) times in the last two (2) weeks. 15. Mother has denied Father any custodial time with Julie. 16. Prior to the filing of the within pleadings, Father exercised custody of Julie on a routine basis. 17. It is believed and therefore averred that it is in the best interest of the child for Father to have sole legal and physical custody in order to cease all contact with the perpetrator of the sexual abuse. 4 18. It is believed and therefore averred that Mother has failed to keep Julie safe from contact with the perpetrator of the sexual abuse. 19. It is believed and therefore averred that it would be in the best interest of the child for Father to have sole physical and legal custody in order to ensure that Julie continues to receive the counseling and care required from the suffering of this trauma. 20. It is believed and therefore averred that it is in the child's best interests for Father to have sole physical and legal custody, and for Mother to only exercise supervised visitation until such a time that she is committed to keeping the child safe from the sexual perpetrator. WHEREFORE, Petitioner prays that This Honorable Court grant his Petition for Special Relief and award him sole physical custody and sole legal custody of the minor child. DATE 1 Respectfully submitted, ABOM & KUruL4"s, L.L.P. V I ?0 ? i - lun) Michelle L. So er, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner 5 VERIFICATION I, SHAWN MAHAN, verify that the statements made in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 5 4904 relating to unsworn falsification to authorities. Date SHAWN MAHAN 1 f SHAWN MAHAN, Plaintiff V. HEATHER TROLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO. W-44-- CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of August, 2006, upon consideration of the attached Petition for Special Relief, it is ORDERED and DECREED that the Petitioner shall immediately take sole physical and legal custody of the subject minor child. FURTHERMORE, it is Ordered and Decreed that the parties and their respective counsel appear before This Honorable Court, on the day of 2006, at .m., for a Hearing on said Petition. BY THE COURT, J? Michelle L. Sommer, Esquire Heather Trolinger, pro se v SHAWN MAHAN, Plaintiff V. HEATHER TROLINGER, : Defendant IN THE COURT OF COMMON PLSkZV. CUMBERLAND COUNTY, PENNSYLV CIVIL ACTION - LAW NO. 06-4434 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of August, 2006, upon consideration of Plaintiff's Petition for Special Relief, a hearing is scheduled for Monday, August 21, 2006, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. PENDING the said hearing, Defendant shall not permit Jesse (Bo) Shoemaker to have any contact with the parties' child, Julie K. Mahon, nor shall he be permitted in Defendant's home while the child also has a residence there. BY THE COURT, Mi ells L. Sommer, Esq. South Hanover Street Carlisle, I 17013 Attorney for Plaintiff Heather Trolinger 255 West Ridge Street Carlisle, PA 17013 Defendant, pro Se :rc Jr. Wesley Oler';AJr., TRUE COPY FROM RECORD to Testknony whereof, I here unto set my harA and the seal of said Co at Carlisle. PL t 3 day - P?pIh0110t8r11 SHAWN MAHAN, Plaintiff v HEATHER TROLINGER, Defendant IN THE COURT OF CCW CUMBERLAND COUNTY;' NO. 06-4434 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 21st day of August, 2006, upon consideration of Plaintiff's Petition for Special Relief, and following a hearing held on this date at No. 06-4434 Civil Term, with respect to custody of the parties' child, Julie K. Mahan, the petition is granted to the extent that legal custody of the child shall be shared by the parties, and physical custody of the child shall likewise be shared by the parties on an alternating weekly basis, with the Father's first period of physical custody to commence on Friday, August 25, at 7:30 p.m. The Mother's period of physical custody shall be with supervision, and the supervising adult shall be the maternal grandmother of the child. This order shall remain in effect pending the conciliation conference scheduled for September 1, 2006, and the no-contact provision between the child and Jesse (Bo) Shoemaker shall also remain in full force and effect pending the conference. 4 7• l 1 Michelle L. Sommer, Esquire r°-36 South Hanover Street Carlisle, PA 17013 For Plaintiff Leslie Tomeo, Esquire 155 S. Hanover Street Carlisle, PA 17013 For Defendant :mae By the Court, 61 TRI)c pro- ?!,Y " r^^RD In y i 'Y It p A ??w? SEP () b l ' SHAWN MAHAN, : IN THE COURT OF COMMO >a EAS OF Plaintiff : CUMBERLAND COUNTY, PE Y'I?YA7?IA v : NO. 06-4434 CIVIL ACTION - LA ; -? Rq r. ! HEATHER TROLINGER, IN CUSTODY EP Defendant 2006 ORDER OF COURT .f 111#4+??_ W •?•```•? AND NOW, this ? day of September, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court entered in this case are vacated. 2. The Father, Shawn Mahan, and the Mother, Heather Trolinger, shall enjoy shared legal custody of Julie K. Mahan born June 8, 1999. 3. Physical custody shall be handled with Mother having custody of the minor child every Friday afternoon at approximately 3:30 through Sunday at noon. Father shall deliver the minor child to the Maternal Grandmother's home on Friday afternoon and Father shall pick the child up at the Maternal Grandmother's home at noon on Sunday. Mother's periods of time with the minor child shall be supervised by the Maternal Grandmother. Father shall enjoy physical custody of the minor child from Sunday at noon through Friday at 3:30. 4. The parties may modify this custody schedule by agreement of the parties. Absent any agreement, this schedule shall control. 5. The parties shall meet again with the Custody Conciliator on Thursday, November 2, 2006 at 10:30 a.m. At this conciliation conference, the parties shall discuss how the custody arrangement has been working and determine a current status of the criminal charges against the Mother's boyfriend. Both parties reserve the right to assert a different position at this conciliation conference and to request that the case be scheduled with the Judge for a hearing on the merits at which both parties may assert a claim for primary custody. 6. The child shall remain attending school at the Mooreland School District. TRUE ('^*RY FROM RECORD In Testimmy i•, :. r-of, r3 set my, hand and a seal o' t: girls , Pa. Q ,P ...H.....,?, c c: Leslie A. Tomeo IMquire Michelle L. Sommer, Esquire BY THE COURT, Isd 4C3,01M J. Wesley Oler, Jr Judge SHAWN MAHAN, Plaintiff v HEATHER TROLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4434 CIVIL ACTION - LAW IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:. 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Julie K. Mahan, born June 8,1999 2. A Conciliation Conference was held on September 1, 2006 with the following individuals in attendance: The Mother, Heather Trolinger, with her counsel, Leslie A. Tomeo, Esquire The Father, Shawn Mahan, with his counsel, Michelle Sommer, Esquire Also present was the Maternal Grandmother, Mrs. Deb Morrow 3. This is a rather involved case where there are serious criminal charges pending against Mother's former live-in boyfriend which involve a sexual abuse against the child in question. The case has been before the Court on a number of times and the Court has ordered a 50/50 custody situation at this time but Mother's custody would be supervised visitation. However, the Maternal Grandmother, who provides the supervised visitation, was at the conciliation and the Conciliator questioned her with respect to her potential involvement in actually providing meaningful supervised visitation for the Mother. Based upon that discussion, the Conciliator is recommending that the custody Order be modified such that the parties continue to have shared legal custody but that Mother's periods of custody will be on Fridays through Sundays which is better for her work schedule and better for the Maternal Grandmother to provide supervised visitation. 4. There is an issue with respect to where the child will continue in school and the Conciliator will consult with the Court on that matter. 5. Based upon the above, the `Conciliator recommends an Order in the form as attached. Date: September , 2006 ubert X. ilroy, Esquire Custod onciliator NOV 1 5 200?/?r 4'' SHAWN MAHAN, Plaintiff v HEATHER TROLINGER, Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PE NO. 06-4434 CIVIL ACTION - l?Q(/ IN CUSTODY ORDER OF COURT OF Ra bb bb ? b bb AND NOW, this L? day of November, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered that this Court's prior Order of September 8, 2006 is vacated and the following new Order is entered: 1. The Father, Shawn Mahan, and the Mother, Heather Trolinger, shall enjoy shared legal custody of Julie K. Mahan born June 8, 1999. 2. The father shall enjoy primary physical custody of the minor child. 3. The mother shall enjoy physical custody of the minor child every Friday from when she is off work until 9:00 p.m. and every Saturday from when she is off work until 9:00 p.m. Mother shall pick up the child either at work or father's home on Friday and Saturday and father shall pick up the child at mother's home on Friday and Saturday evening unless other arrangements are made by the parties. 4. Father may enroll the child in the South Middleton School District for school attendance. 5. Under no circumstances shall the mother allow the child to have any contact with Jesse Shoemaker. 6. The father shall insure that mother has a telephone number whereby she may maintain reasonable telephone contact with the minor child when the child is in father's custody. Additionally, father shall provide mother with all appropriate information concerning the schooling of the child to include report cards, notice of parent/teacher conferences and similar matters. 7. Once circumstances change and are solidified relative to the issues in this case, counsel for either party may contact the Conciliator directly to schedule another Conciliation Conference. I SUE CUP ILH RECORD ri Testimony whereof, I here unto set my hand BY THE COURT, -A the seal of said Court at Carlisle, ft ACP day of IS/ b Age,- IF J. Wesley Oler, A., Judge cc: LesLerWh, ME E6 Esquire Michelle L. Sommer, Esquire SHAWN MAHAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. 06-4434 CIVIL ACTION - LAW HEATHER TROLINGER, IN CUSTODY Defendant . Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Julie K. Mahan, born June 8, 1999 2. A Conciliation Conference was held on November 2, 2006 with the following individuals in attendance: The Mother, Heather Trolinger, with her counsel, Leslie A. Tomeo, Esquire and the Father, Shawn Mahan, with his counsel, Michelle Sommer, Esquire. 3. The prior Order provided mother having supervised visitation with the maternal grandmother acting as the supervisor. However, the grandmother appeared at the Conciliation Conference and indicated that she was not willing to continue in that capacity because of some problems she observed with both parents and how they were handling the situation. Accordingly, the supervised arrangement as per the prior Order is no longer feasible. 4. Mother works at Cracker Barrel and starts early in the morning and is usually off by 3:00 p.m. This work schedule runs from Wednesday through Sunday. Recognizing the concern of mother in the past having exposed the child to Jesse Shoemaker and the fact that there are still pending criminal charges against Mr. Shoemaker related to allegations of sexual abuse involving this child, the Court should continue some provision to insure that there is no contact between Mr. Shoemaker and the child. T I R The attached Order will address that issue with the recommended modifications to schedule. There is also an issue as to where the child should attend school. The mother resides in the Mooreland School District. In a conference with the Court in chambers, the Conciliator was advised that Court was inclined to keep the child in the Mooreland School District even though the father has primary custody during the school week. Since the prior Order was entered, the School District has written to the father that he must pay tuition of $7,200.00 in order to keep the child in the Mooreland School District. In light of that fact, the Conciliator recommends the father have the ability to enroll the child in South Middleton. 5. The Conciliator recommends an Order in the form as attached. Date: November ?D 1 2006 4 ?1 Hubert . Gilroy, Esquire Custody Conciliator ?r t ? a CERTIFICATE OF SERVICE AND NOW, this 27?' day of June, 2007, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P. hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Leslie Tomeo, Esquire 155 South Hanover Street Carlisle, PA 17013 Attorney for the Defendant Respectfully submitted, Abom & Kutulakis, L.L.P. CI/ L."w Michelle L. Somme r, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 8 r- ? o ,Q '- S te - Y '? r ( - . rt^,ndr 7 S?. {l. Cr e- v ATOM (SZ KuTUi.Acis Michelle L. Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 SHAWN MAHAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA V. HEATHER TROLINGER, Defendant NO. 06-4434 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE WESLEY J. OLER, JR., JUDGE OF SAID COURT: PLAINTIFF'S MOTION FOR RECONSIDERATION AND NOW, comes the Petitioner, Shawn Mahan, by and through his attorney, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., respectfully requests Reconsideration of This Honorable Court's ruling on the Petition for Special Relief, and in support thereof avers the following: 1. Petitioner is Shawn Mahan, an adult individual residing at 101 Andrew Court, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Heather Trolinger, an adult individual residing at 255 West Ridge Street, Carlisle, Cumberland County, Pennsylvania. 3. On June 27, 2007, a Petition for Special Relief was filed by Petitioner alleging that the Respondent, Heather Trolinger, has been "coaching" the child to alter her testimony that is expected to be given in the upcoming criminal trial against Jesse (Bo) Shoemaker. 4. Jesse (Bo) Shoemaker's criminal trial regarding the sexual assault of the child, Julie Mahan, was scheduled to take place during the June 2007 criminal trial term. 5. Julie had revealed to her counselor, Hope Comeau, on or about March 15, 2007, that the incident never happened between her and Mr. Shoemaker. When asked about it further she stated that her Mother had told her "if she told the truth Bo would go to jail for five years and her mommy didn't want that to happen." 6. First Assistant District Attorney, Jamie Keating, had a final interview with Julie Mahan prior to trial to review her testimony. Detective Ronald Egolf of the Carlisle Police Department was also present. At said interview, Julie revealed that her mother had been "coaching" her to tell a different story. Julie admitted to FADA Keating and Detective Egolf that she knows the difference between the truth and a lie and that her mother had been wanting her to lie about what Mr. Shoemaker had done to her. 7. It is believed and therefore averred if mother continues to have visitation with her daughter, Julie, she will unduly influence her memory of the actual events regarding the sexual assault. 8. It is believed and therefore averred that if mother is successful and if Julie suddenly changes her testimony, Jesse (Bo) Shoemaker could be found not guilty 2 and as a result the Order of August 3, 2006 could be lifted allowing him to reside in the home while Julie is present. 9. It is believed and therefore averred if Jesse (Bo) Shoemaker is found not guilty, Mother will seek further periods of physical custody of Julie putting her at risk of a future sexual assault. 10. Undersigned counsel for Petitioner scheduled a telephone conference with herself, Attorney Tomeo as counsel for Respondent, and custody conciliator Hubert Gilroy that was held on Wednesday, June 27, 2007. 11. Mother/Respondent did not agree to amend the present Court Order for custody; therefore, Conciliator Gilroy did not and could not amend the Court Order without further Court intervention. 12. Undersigned counsel then filed the Petition for Special Relief. 13. On June 28, 2007, This Honorable Court issued an Order of Court referring the Petition for Special Relief to the custody conciliation process. Undersigned counsel received said Court Order on June 29, 2007. 14. This Honorable Court erred in referring the emergency Petition for Special Relief to the custody conciliation process where the conciliation process was attempted prior to the filing of the petition. 15. This Honorable Court erred in referring the emergency Petition for Special Relief to the custody conciliation process pursuant to C.C.R.P. 1915.12-1 as that local rule references petitions for contempt and/or modification and the relief 3 requested by Petitioner is emergency relief pursuant to a Petition for Special Relief. 16. This Honorable Court erred in failing to schedule an emergency hearing on the Petition for Special Relief as the child may be subjected to ongoing harm by her mother continuing to "coach" her future testimony. WHEREFORE, Plaintiff, Shawn Mahan, respectfully requests that this Honorable Court reconsider its ruling, and grant him sole physical custody until either a hearing on the within Petition for Special Relief is held or the trial of Jesse (Bo) Shoemaker is concluded and Julie K. Mahan's testimony is complete. It is further requested that the provision that the child have no contact whatsoever with Jesse (Bo) Shoemaker remain in effect. Alternatively, it is respectfully requested that Father maintain primary physical custody, and Mother be granted three (3) hours of supervised custody per week at Cumberland County Children and Youth, and that the provision that the child have no contact whatsoever with Jesse (Bo) Shoemaker remain in effect. Respectfully submitted, Awm & KUTULAKvS L.L.P. DATE I 2A to, L Michelle L. Sommer ??ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner 4 CERTIFICATE OF SERVICE AND NOW, this 29th day of June, 2007, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Leslie Tomeo, Esquire 155 South Hanover Street Carlisle, PA 17013 Attorney for the Defendant Respectfully submitted, Abom & Kutulakis, L.L.P. "o° L-hRI(Lf7-T Michelle L. Sommer uire Attorney ID No. 9 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 5 n ?-- N ? O -TI Lo t'7 -1(D Y rr, s .f- SHAWN MAHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HEATHER TROLINGER, : Defendant NO. 06-4434 CIVIL TERM for Special Relief, this matter is referred to the custody conciliation process pursuant to AND NOW, this 28th day of June, 2007, upon consideration of Plaintiff's Petition C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral. THE DEFENDANT is hereby directed not to attempt to discuss with the child allegations of abuse with respect to Jesse (Bo) Shoemaker. BY THE COURT, ichelle L. Sommer, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff eslie Tomeo, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant ORDER OF COURT J. Court Administrator &4W (old 8'/e? :rc 4-±„s?'r. ?_IN ,.a SE :Z d 8Z Nnr LOOZ 3N1 JO 301-A {0-09114 SHAWN MAHAN : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 4434 CIVIL 2006 HEATHER TROLINGER : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 2nd day of July, 2007, upon consideration of Plaintiffs Motion for Reconsideration with respect to an order of court dated June 28, 2007, in the above captioned matter, the motion for reconsideration is denied. By the Court, cc: is e L. Sommer, Esq. J slie Tomeo, Esq. ? S a7 ' rn SHAWN MAHAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER TROLINGER DEFENDANT 06-4434 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 03, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 19, 2007 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. 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 7" Wd 6- _AP LODZ ? -'Hi JO :1k, i .-cj--jlu 5f- ? SHAWN MAHAN, Plaintiff V. HEATHER TROLINGER, : Defendant ,H1N 282007 & IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4434 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of June, 2007, upon consideration of Plaintiff's Petition for Special Relief, this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral. THE DEFENDANT is hereby directed not to attempt to discuss with the child allegations of abuse with respect to Jesse (Bo) Shoemaker. BY THE COURT, Michelle L. Sommer, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Leslie Tomeo, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant /Ourt Administrator J. :rc SHAWN MAHAN, Plaintiff . V. . HEATHER TROLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO. 06-4434 CIVIL ACTION - LAW IN CUSTODY PETITION FOR CIVIL CONTEMPT AND NOW, this 22nd day of July, 2007, comes the Petitioner, Heather Trolinger, by and through her counsel, Leslie Tomeo, Esquire, and files this Petition for Contempt and in support thereof avers the following: 1. Petitioner is Heather Trolinger, who was the Defendant in the above captioned action between the parties. 2. Respondent is Shawn Mahan who was the Plaintiff in that action. 3. On or about November 16, 2006, This Honorable Court entered a Court Order on Conciliation. A true and correct copy of the Order of Court is attached hereto as Exhibit A. 4. Respondent's obligations under This Court's Order have not, to date, been met in full. 5. Respondent is in Contempt of Court for willfully failing to comply with the Order of Court dated November 16, 3006, in that: a. Respondent has failed on multiple occasions to permit Petitioner to exercise custody or in the very least see the minor child. b. Currently, Petitioner has not seen the minor child for the last five (5) consecutive weeks. 6. Respondent has had the ability to comply with the relevant provisions of the Order of Court but has willfully failed to do so. 7. Respondent's breach of the terms of the Agreement is the sole reason Petitioner had to file this petition for enforcement. 8. Petitioner has incurred attorney's fees and costs in connection with the preparation and pursuit of this petition and respondent should be held responsible for said costs. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order finding Respondent in Contempt of Court and directing Respondent to immediately comply with this Honorable Court's order, plus pay Petitioner's counsel fees and costs. Respectfully submitted, beglie Tomeo, squire I.D. No. 20019 35 East High Street, Ste. 204 Carlisle, PA 17013 (267) 254-2936 Attorney for Petitioner SHAWN MAHAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. DOCKET NO. 06-4434 HEATHER TROLINGER, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 22"d day of July, 2007, I, Leslie Tomeo, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR CIVIL CONTEMPT upon counsel of record via fax, addressed as follows: Michele Sommer, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 Llie Tomeo, Esquire I.D. # 200198 11 35 East High Street, Ste. 204 Carlisle, PA 17013 (267) 254-1936 Attorney for Petitioner SHAWN MAHAN, Plaintiff v HEATHER TROLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4434 CIVIL ACTION - LAW IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Julie K. Mahan, born June 8, 1999 2. A Conciliation Conference was held on November 2, 2006 with the following individuals in attendance: The Mother, Heather Trolinger, with her counsel, Leslie A. Tomeo, Esquire and the Father, Shawn Mahan, with his counsel, Michelle Sommer, Esquire. 3. The prior Order provided mother having supervised visitation with the maternal grandmother acting as the supervisor. However, the grandmother appeared at the Conciliation Conference and indicated that she was not willing to continue in that capacity because of some problems she observed with both parents and how they were handling the situation. Accordingly, the supervised arrangement as per the prior Order is no longer feasible. 4. Mother works at Cracker Barrel and starts early in the morning and is usually off by 3:00 p.m. This work schedule runs from Wednesday through Sunday. Recognizing the concern of mother in the past having exposed the child to Jesse Shoemaker and the fact that there are still pending criminal charges against Mr. Shoemaker related to allegations of sexual abuse involving this child, the Court should continue some provision to insure that there is no contact between Mr. Shoemaker and the child. -Fxht h, ? ? The attached Order will address that issue with the recommended modifications to schedule. There is also an issue as to where the child should attend school. The mother resides in the Mooreland School District. In a conference with the Court in chambers, the Conciliator was advised that Court was inclined to keep the child in the Mooreland School District even though the father has primary custody during the school week. Since the prior Order was entered, the School District has written to the father that he must pay tuition of $7,200.00 in order to keep the child in the Mooreland School District. In light of that fact, the Conciliator recommends the father have the ability to enroll the child in South Middleton. 5. The Conciliator recommends an Order in the form as attached. Date: November 2006 0 ?/Y Hubert . Gilroy, Esquire Custody Conciliator NOV 1 5 zoo ` SHAWN MAHAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 06-4434 CIVIL ACTION - LAW HEATHER TROLINGER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this It, f-' day of November, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered that this Court's prior Order of September 8, 2006 is vacated and the following new Order is entered: i. The gather, Shawn Mahan, and the Mother, Heather Trolinger, shall enjoy shared legal custody of Julie K. Mahan born June 8, 1999. 2. The father shall enjoy primary physical custody of the minor child. 3. The mother shall enjoy physical custody of the minor child every Friday from when she is off work until 9:00 p.m. and every Saturday from when she is off work until 9:00 p.m. Mother shall pick up the child either at work or father's home on Friday and Saturday and father shall pick up the child at mother's home on Friday and Saturday evening unless other arrangements are made by the parties. 4. Father may enroll the child in the South Middleton School District for school attendance. 5. Under no circumstances shall the mother allow the child to have any contact with Jesse Shoemaker. 6. The father shall insure that mother has a telephone number whereby she may maintain reasonable telephone contact with the minor child when the child is in father's custody. Additionally, father shall provide mother with all appropriate information concerning the schooling of the child to include report cards, notice of parent/teacher conferences and similar matters. 7. Once circumstances change and are solidified relative to the issues in this case, counsel for either party may contact the Conciliator directly to schedule another Conciliation Conference. ? r st kftnywhereot, 1 here. ate set my 641k', BY THE COURT, .-+d the seal of saki `curt at Carlisle, Pa. y of_v? - ? J. W ley Oler, Jr., Judge cc: LesaInkhmiri igo Esquire Michelle L. Sommer, Esquire C? C-. ?.._a f Cal ?_ a. ? - ?? ? ? -_G ? w SHAWN MAHAN, Plaintiff V. HEATHER TROLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : DOCKET NO. 06-4434 CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE JUDGE WESLEY OLER, JR. OF SAID COURT: ANSWER TO DEFENDANT'S PETITION FOR CIVIL CONTEMPT AND NOW, comes the Plaintiff/Respondent, Shawn Mahan, by and through his counsel, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and files this Answer to Defendant's Petition for Civil Contempt, and in support thereof, avers as follows: 1. It is Admitted that Petitioner in this action is Defendant, Heather Trolinger, hereinafter "Mother", an adult individual currently residing at 255 West Ridge Street, Carlisle, Cumberland County, Pennsylvania; however the Petitioner in this action is still the current Defendant in the above captioned action between the parties. 2. It is Admitted that Respondent in this action is Plaintiff, Shawn Mahan, hereinafter "Father", an adult individual currently residing at 101 Andrew Court, Carlisle, Cumberland County, Pennsylvania; however, the Respondent is still the current Plaintiff in the above captioned action between the parties. 3. Admitted and Denied in part. It is admitted that this Honorable Court entered a Court Order on Conciliation. By way of further answer the parties have a Conciliation Conference scheduled for September 20, 2007, on Father's Petition for Special Relief filed because Mother is attempting to "coach" and "coerce" the minor child into telling a different story concerning the alleged sexual assault by Mother's current boyfriend, Jesse (Bo) Shoemaker. By way of further answer, it is believed that if Mother continues to have visitation with her minor daughter, she will unduly influence her memory of the actual events regarding the alleged sexual assault or even worse allow her to have contact with Jesse (Bo) Shoemaker since Mother and Mr. Shoemaker live together at the same residence. 4. Denied. It is specifically denied that Respondent's obligations under this Court Order have not, to date, been met in full. By way of further answer, Mother has not attempted to pick up the child at work or father's home on Friday or Saturday after she gets off work as instructed in paragraph #3 of the November 16, 2006, Order of Court. 5. Denied. It is specifically denied that Respondent is Contempt of Court for willfully failing to comply with the order of Court. By way of further answer, Petitioner has not made any attempt whatsoever either in person, by telephone to Respondent's home or cellular phone as per the November 16, 2006, Order of Court. By way of further answer, Petitioner has not contacted the local or Pennsylvania State Police to obtain visitation of the minor child or asked the local or Pennsylvania State Police in order to exercise her custody rights pursuant to the November 16, 2006, Order of Court. 6. Admitted in part and Denied in part. It is admitted that Respondent has the ability to comply with the relevant provisions of the Order of Court. It is specifically denied that Respondent has willfully failed to do so. By way of 2 dr 1% further answer, Petitioner has failed to make any contact whatsoever with Father either in person, by telephone or through the local or Pennsylvania State Police in order to exercise her custody rights pursuant to the November 16, 2006, Order of Court. 7. Denied. It is specifically denied that Respondent has breached the terms of this Agreement. By way of further answer, Respondent argues that it is impossible to breach an the Agreement when the Petitioner has failed to make any contact whatsoever with Father either in person, by telephone or through the local or Pennsylvania State Police in order to exercise her custody rights pursuant to the November 16, 2006, Order of Court. 8. Respondent is unable to admit or deny this averment. WHEREFORE, Respondent prays This Honorable Court deny Defendant's Petition for Civil Contempt. Respectfully submitted, ABOM & KUTULA"S, L.L.P. Michelle L. So er, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plainfiffl Respondent 3 r I, SHAWN MAHAN, verify that the statements made in this Answer to Defendant's Petition for Civil Contempt are true and correct to the best of my knowledge, information, and 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. Date 7-31'0 SHAWN MAHAN 4 . . SHAWN MAHAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. DOCKET NO. 06-4434 HEATHER TROLINGER, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michelle L. Sommer, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the Answer to Defendant's Petition for Civil Contempt upon the following by depositing in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Leslie A. Tomeo, Esquire 35 East High Street Suite 204 Carlisle, Pennsylvania., 17103 Attorney for the Defendant Date 31 D?- Michelle L. So er, Esquire Attorney for the Plaintiff/ Respondent 5 N d r-..., rn fie-- '?• N ^G SHAWN MAHAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-4434 CIVIL ACTION LAW HEATHER TROLINGER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, July. 30, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 09, 2007 at 8:30 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, Es q. j Id-1 Custody Conciliator f-A 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 $9 s1 add Z- onv LOOZ A8VICiNiio-LLOC''d 3Hl 3Q 311) 1?'?Oa3111-1 JUL 3 n 2008 SHAWN MAHAN, Plaintiff v HEATHER TROLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4434 CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this t52 day of July, 2008, the above case. being previously assigned to the Conciliator and there being no activity on this case for a period of six months or more, the Conciliator relinquishes jurisdiction. Hubert X. roy, Esquire Custody onciliator CIO -? (= ?e Al it 1 P 2008 SHAWN MAHAN, Plaintiff v HEATHER TROLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4434 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this ` day of August, 2008, the above case being previously assigned to the Conciliator and there being no activity on this case for a period of six months or more, the Conciliator relinquishes jurisdiction. -- A? Hu X. Gilroy, Esquire Custody Conciliator C - 717 f -'z ni, Y .- CC, ".